Brobst v. Ruff
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigli county : Of January Term 1882, No. 71. Case, by Josiah Puff against Willoughby K. Brobst, to recover damages for an alleged malicious prosecution. Plea, not guilty. íhc narr.,, as filed, concluded thus : “Whereof he saith he is worse and has damage, &c. And therefore he brings suit, &c.”
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Error to the Court of Common Pleas of Lehigli county : Of January Term 1882, No. 71. Case, by Josiah Puff against Willoughby K. Brobst, to recover damages for an alleged malicious prosecution. Plea, not guilty. íhc narr.,, as filed, concluded thus : “Whereof he saith he is worse and has damage, &c. And therefore he brings suit, &c.” After verdict the court, on motion of plaintiff, permitted the plaintiff to amend the narr., by inserting after “ damage, &c.,” the words “ one thousand dollars.” Exception. (5th assignment of error.) On the trial, before Albright, P. J., the material facts wore…
1Opinion of the CourtJustice Mercur
To maintain an action for malieious prosecution, the plaintiff must prove the prosecution to have been made without probable cause, and that the prosecutor was actuated by malice towards the plaintiff. Malice may be inferred from the want of probable cause; but if there be probable cause, it matters not that the prosecution be malicious. If the act be lawful the motives of the prosecutor will not be inquired into. Whether certain facts constitute probable cause, must be determined by the -court; but, whether such alleged facts exist, is for the jury to find. The law applicable to the case was…
2Cases cited2 opinions
- Cooper v. UtterbachCourt of Appeals of Maryland · 1873
- Olmstead v. PartridgeMassachusetts Supreme Judicial Court · 1860
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- Taubman v. Schulte, Inc.Supreme Court of Pennsylvania · 1930
- Auer v. MauserSuperior Court of Pennsylvania · 1898
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