Miller v. Pennsylvania Railroad

Opinion by

Mr. Justice Allen M. Stearne,

Plaintiff, Clarence W. Miller, filed this complaint in trespass for malicious prosecution against defendant, Pennsylvania Railroad Company. The court below submitted the issue of want of probable cause to a jury which found for plaintiff in the sum of $4,780. That court, after dismissing defendant’s motions for judgment n.o.v. and for new trial, entered judgment on the verdict. Defendant appealed.

Submission of this case to the jury violated an ancient principle of law undeviatingly followed by this Court over many years, viz.: in a suit for malicious…