John A. Pergola v. The Pennsylvania Railroad Co.

The only question presented in this appeal is whether the District Court erred in directing the jury to return a verdict for defendant.

The action was one to recover damages for malicious prosecution. Plaintiff was employed as a brakeman by the Railroad. He was arrested on railroad property in the night season by one of its policemen after he had loaded two fifty pound bales of stainless steel in the trunk of his automobile and started to drive away. Plaintiff was charged with petit larceny in the Municipal Court of Canton, Ohio and was there acquitted.

The case was governed by the law of Ohio.…