Legal Opinion
Brown v. McBride
New York Supreme Court
Decided July 15, 1898PublishedCited by 3 opinions
Action for malicious prosecution. Motion on the minutes for a new trial.
1Opinion of the Court
Gaynor J.
Where the evidence upon a question of fact in a jury trial is undisputed, and different inferences may not be reasonably drawn therefroñq the decision of the fact is for the court and not for the jury (Wright v. Bank of Metropolis, 110 N. Y. p. 249; Hazzard v. Flury, 120 N. Y. 223). This is often repeated as if only applicable to the question of probable cause in an action for malicious prosecution, whereas it is a general rule.
In the case at bar, the court instructed the jury that there was no probable cause for the prosecution. It then instructed them that such lack of probable…
2Cases cited5 opinions
- Hazzard v. . FluryNew York Court of Appeals · 1890
- Prince v. Brooklyn Daily EagleNew York Supreme Court · 1896
- Millard v. . BrownNew York Court of Appeals · 1866
- Cady v. Brooklyn Union Publishing Co.New York Supreme Court · 1898
- Shanks v. StumpfNew York Supreme Court · 1898
3Cited by3 opinions
- Pickle v. PageAppellate Division of the Supreme Court of the State of New York · 1929
- Ericson v. Edison Electric Illuminating Co.New York Supreme Court · 1900
- O'Dell v. HatfieldNew York Supreme Court · 1903