Robinson v. Fimbel Door Co.

The question in this case is whether plaintiff proved at trial a case of malicious prosecution against the defendant. Withdrawing the issue of whether the criminal proceeding had terminated in plaintiff’s favor, the Trial Court (Loughlin, J.) submitted the issues of the defendant’s malice and lack of probable cause to the jury which returned a verdict for the plaintiff. The defendant’s exception to the denial of its motion for a nonsuit was transferred to this court.

Plaintiff worked for the defendant as a contractor to install overhead doors. On one job in August and September 1969, plaintiff…