Meyer v. Louisville, &c., Railway Co.
Court of Appeals of Kentucky
Case 61 — PETITION ORDINARY — APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. The holding over by an examining court is only prima facie evidence of probable cause and not conclusive.
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Case 61 — PETITION ORDINARY — APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. The holding over by an examining court is only prima facie evidence of probable cause and not conclusive. (4 Minor’s Inst., part 1, p. 433; Maddox v. Jackson, 4 Munf., 462; Dismer v. Herber, 75 Cal., 287; Bacon v. Tourn, 4 Cush., 236; Womack v. Circle, 29 Gratt., 205; Goodrich v. Warner, 21 Conn., 432; Garrard v. Willett, 4 J. J. Mar., 628.) 2. Malice will' be inferred from the want of probable cause, whether or not there has been an inquiry into the merits of the case. (Frow-man v. Smith, Litt.…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
The appellant was a conductor on a freight train of the appellee, and was arrested, with two others composing his crew, at the instance of the company, for feloniously breaking and entering into a railroad car with intent to take, steal and carry away certain property. After being confined in jail in Louisville about a week the charge was dismissed by the court for want of jurisdiction, it appearing that the alleged offense was not committed within Jefferson county.
The accused persons were immediately arrested and taken to Cl overport where a…
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