Morreale v. DeZotell

In this action for malicious prosecution of the plaintiff by the defendant on a charge that the plaintiff committed an assault and battery upon the defendant’s twelve year old son, the jury found for the plaintiff. The judge, on the defendant’s motion, entered a judgment for the defendant notwithstanding the verdict. We affirm.

The sole question before us is whether the issue of want of probable cause on the part of the defendant in the circumstances of this case was a question for the jury. The plaintiff *282concedes that the essence of an action of tort for malicious prosecution is a “want of…