Fry v. Wolf
Superior Court of Pennsylvania
Appeal, No. 155, April T., 1898, by defendant, from judgment of C. P. Butler Co., March T., 1898, No. 11, on verdict for plaintiff. Trespass for malicious prosecution. Before Rayburn, P. J., of the 83d judicial district, specially presiding.
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Appeal, No. 155, April T., 1898, by defendant, from judgment of C. P. Butler Co., March T., 1898, No. 11, on verdict for plaintiff. Trespass for malicious prosecution. Before Rayburn, P. J., of the 83d judicial district, specially presiding. It appears from the evidence that defendant made information before a justice of the peace charging plaintiff with the offense of larceny; a warrant'was issued, the defendant arrested and brought before the justice of the peace and on a hearing had was discharged. There was evidence on behalf of the defendant tending to show that he stated to his attorney…
1Opinion of the Court
Opinion by
Rice, P. J.,
If there is anything well settled in the law, it is, that malice and want of probable cause must be proved in order to entitle *472a plaintiff to recover damages for a malicious prosecution. “These are essential and must co-exist:” Auer v. Mauser, 6 Pa. Superior Ct. 618. The lawful discharge of the defendant in the prosecution, by the examining magistrate, is prima facie evidence of want of probable cause, and the burden of proof that there was probable cause, as a general rule, is then cast on the defendant in the action: Auer v. Mauser, supra; Bernar v. Dunlap, 94 Pa. 329;…
2Cases cited12 opinions
- McCarthy v. De ArmitSupreme Court of Pennsylvania · 1881
- McClafferty v. PhilpSupreme Court of Pennsylvania · 1892
- Cooper v. William R. Hart & Co.Supreme Court of Pennsylvania · 1892
- Smith v. EgeSupreme Court of Pennsylvania · 1866
- Bernar v. DunlapSupreme Court of Pennsylvania · 1880
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3Cited by6 opinions
- Bruff v. KendrickSuperior Court of Pennsylvania · 1902
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- Campbell v. SidwellSuperior Court of Pennsylvania · 1902
- Herscovitz v. LinderSuperior Court of Pennsylvania · 1920
- Schondorf v. GriffithSuperior Court of Pennsylvania · 1900
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