Brown v. Keyes

The opinion in this case states that all the elements of a cause of action for malicious prosecution are established except these two: First, malice; second, want of probable cause.

The opinion -correctly states that malice may be inferred by the jury from want of probable cause, but that want of - probable cause cannot be inferred from any degree of express malice. The crucial question in the -case, therefore, is this: Has plaintiff sho-wn want of probable cause?

While it is true that where facts are undisputed, whether or not they constitute probable cause is a question of law for the court…