Neall v. Hart
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Chester County: Of January Term, 1887, No. 64. This was an action of trespass brought by James E. Neall against Albion W. Hart and Charles M. Griffith, to recover damages for his alleged illegal arrest and false imprisonment by them.
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Error to the Court of Common Pleas of Chester County: Of January Term, 1887, No. 64. This was an action of trespass brought by James E. Neall against Albion W. Hart and Charles M. Griffith, to recover damages for his alleged illegal arrest and false imprisonment by them. Plea not guilt}’. The following are the facts of the case as they appeared on the trial before"Futhey, P. J. In May, 1886, James E. Neall, the plaintiff, the superintendent of the Pennsylvania Granite Co., purchased from Albion W. Hart, one of the defendants, a quantity of curbing stone. Having failed to pay for this curbing.…
1Opinion of the CourtJustice Gordon
Several exceptions were taken to the rulings of the court below on-the admission and .rejection of evidence, and are here1 now assigned'for error.: We cannot sustain them. “The gist of false imprisonment is unlawful detention, and the general rule is that malice will be inferred from the want of probable 'cause, so far at least as to sustain the action:” Mr. Justice Trunkey, in McCarthy v. De Armit, 99 Pa., 63. From what is here said, it is obvious that Neall’s action was open to defeat by proof of probable cause for the prosecution, and further that, even in the absence of probable cause, it…
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