Moore v. Northern Pacific Railroad

Dickinson, J.1

This is an action for a malicious criminal prosecution. We are to consider whether the case shows a want of proba*148ble cause for the prosecution. If it does not, the verdict against the appellant cannot be sustained. In cases of this character, while it is for the jury to determine any controversy as to the facts, it is for the court to declare the ultimate conclusion as to whether the facts, admitted or established by proof, are sufficient to show a want of probable cause. And in reviewing a determination upon a given state of facts as to the existence of probable cause, such…