McCoy v. Kalbach
Superior Court of Pennsylvania
Appeal, No. 2, March T., 1912, by defendants, from judgment of C. P. York Co., Aug. .T., 1909, No. 82, on verdict for plaintiff in case of Thomas McCoy v. A. M. Kalbach and J. G. Stauffer. Trespass to recover damages for malicious prosecution.
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Appeal, No. 2, March T., 1912, by defendants, from judgment of C. P. York Co., Aug. .T., 1909, No. 82, on verdict for plaintiff in case of Thomas McCoy v. A. M. Kalbach and J. G. Stauffer. Trespass to recover damages for malicious prosecution. Before Bittinger, P. J. At the trial the defendant made the following offer: We propose to prove by his witness that on October 6, 1908, Thomas McCoy was working for the witness, Dr. Kalbach, as a teamster employed at $25.00 a month and board, having been employed by him at those terms on September 7, 1908. That on October 6, the witness saw McCoy at…
1Opinion of the Court
Opinion by
Orlady, J.,
This is an action for malicious prosecution in which a verdict of $1,000 was rendered. The facts are so out of the ordinary, that a full statement of them is necessary to fairly dispose of the question involved. By the undisputed evidence it appears that Dr. A. B. Kalback was conducting a lumbering operation in Maryland, where he had in his employment, as a teamster, one Thomas McCoy, this plaintiff, at a wage of $25.00 per month with his boarding.
About ten o’clock of the evening of October 6, 1908, Dr. Kalback received a telephone message from his foreman of work on the…
2Cases cited12 opinions
- Robitzek v. DaumSupreme Court of Pennsylvania · 1908
- Cooper v. William R. Hart & Co.Supreme Court of Pennsylvania · 1892
- Smith v. EgeSupreme Court of Pennsylvania · 1866
- Roessing v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1910
- Simmons v. CommonwealthSupreme Court of Pennsylvania · 1813
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Curley v. Automobile Finance Co.Supreme Court of Pennsylvania · 1941
- McCoy v. KalbachSupreme Court of Pennsylvania · 1913
- Bosley v. GerritySuperior Court of Pennsylvania · 1913
- Commonwealth v. Bentz, Pennsylvania Court of Common Pleas, Northampton County1934
- Commonwealth v. TaubSuperior Court of Pennsylvania · 1958
2 more not listed; retrieve them via the Exa API.