Legal Opinion

Cooper v. Electro-Tint Engraving Co.

Superior Court of Pennsylvania

Decided December 12, 1918No. Appeal, No. 115PublishedCited by 6 opinions

Appeal, No. 115, Oct. T., 1918, by defendant, from judgment of O. P. No. 2, Philadelphia Co., Dec. T., 1916, No. 2739, on verdict for plaintiff in case of George Cooper v. Electro-Tint Engraving Company. Trespass to recover damages for malicious prosecution. Before Rogees, J. The facts are stated in the opinion of the Superior Court. When George Cooper was on the stand he was asked the question: Q. Where were you at 6:57 a. m. that day? Mr. Buckley: Objected to.

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Appeal, No. 115, Oct. T., 1918, by defendant, from judgment of O. P. No. 2, Philadelphia Co., Dec. T., 1916, No. 2739, on verdict for plaintiff in case of George Cooper v. Electro-Tint Engraving Company. Trespass to recover damages for malicious prosecution. Before Rogees, J. The facts are stated in the opinion of the Superior Court. When George Cooper was on the stand he was asked the question: Q. Where were you at 6:57 a. m. that day? Mr. Buckley: Objected to. The Court: Objection overruled. Exception for defendant. A. In bed. James Thomas Ward Cooper, sworn. By Mr. Hayes: Q. What relation…

1Opinion of the Court

Opinion by

Williams, J.,

Defendant appeals from an adverse judgment in malicious prosecution.

May 9, 1916, plaintiff was arrested by a detective, charged with stealing three air brushes from defendant’s plant. He was held for court, indicted, and subsequently acquitted. He brought this action. Defendant set up that it was not the prosecutor and that it had probable cause.

Defendant’s president, and secretary, were notified that three air brushes had been stolen from the workroom on the morning of May. 9, 1916. They ascertained upon investigation that a slightly built young man had come into the…

2Cases cited2 opinions

  1. McAleer v. GoodSupreme Court of Pennsylvania · 1907
  2. Burk v. HowleySupreme Court of Pennsylvania · 1897

3Cited by6 opinions

  1. Van Sant v. American Express Co.Court of Appeals for the Third Circuit · 1948
  2. Campbell v. Yellow Cab Co.Court of Appeals for the Third Circuit · 1943
  3. Simpson v. Montgomery Ward & Co.Superior Court of Pennsylvania · 1949
  4. Angeloni v. LedererSuperior Court of Pennsylvania · 1926
  5. Mason v. Clabby, Pennsylvania Court of Common Pleas, Philadelphia County1933

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