Legal Opinion

Stonor v. Rawalski

Superior Court of Pennsylvania

Decided March 13, 1917No. Appeal, No. 172Published

Appeal, No. 172, Oct. T.-, 1916, by defendant, from judgment of O. P. No. 1, Philadelphia Co., Dec. T., 1913, No. 993, on verdict for plaintiff in case of Mary A. Stonor v. Frank Rawalski. Trespass for malicious prosecution. Patterson, J., charged in part as follows: This is a suit for damages brought by the plaintiff, Mary A..Stonor, against the defendant, Frank Rawalski, for an alleged malicious prosecution.

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Appeal, No. 172, Oct. T.-, 1916, by defendant, from judgment of O. P. No. 1, Philadelphia Co., Dec. T., 1913, No. 993, on verdict for plaintiff in case of Mary A. Stonor v. Frank Rawalski. Trespass for malicious prosecution. Patterson, J., charged in part as follows: This is a suit for damages brought by the plaintiff, Mary A..Stonor, against the defendant, Frank Rawalski, for an alleged malicious prosecution. Malicious prosecution, so far as this present case is concerned, may be defined to be an action for the recovery of damages to person, property, or reputation, resulting from a previous…

1Opinion of the Court

Opinion by

Orlady, P. J.,

The plaintiff recovered a verdict against the defendant in an action for malicious prosecution, and after a motion for judgment n. o. v. was overruled, this, appeal by the defendant is brought for our review.

The facts in the case were carefully presented .by the trial judge, and the verdict returned is fully warranted by the testimony. The contention of the defendant is that, under all the evidence the verdict should have been directed for the defendant.

In an action for malicious prosecution, if the facts connected with the prosecution are admitted, or are so clearly…

2Cases cited9 opinions

  1. MacDonald v. SchroederSupreme Court of Pennsylvania · 1906
  2. McCoy v. KalbachSupreme Court of Pennsylvania · 1913
  3. Kuhns v. Ward-Mackey Co.Superior Court of Pennsylvania · 1913
  4. Gow v. Adams Express Co.Superior Court of Pennsylvania · 1915
  5. Tufshinsky v. Pittsburgh, Cincinnati, Chicago & St. Louis Ry. Co.Superior Court of Pennsylvania · 1915

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