Ericson v. Edison Electric Illuminating Co.

Gaynob, J.:

The arrest of the plaintiff was caused by the assistant secretary of the defendant company. The question of whether the defendant had probable cause for the arrest is therefore a question whether its said secretary had probable cause, for he stands as the company in that respect. I hesitated over the motion to dismiss at the close of the evidence, and reserved it until after verdict. This question of whether the secretary had probable cause was of course the critical one on the trial, as the question of probable cause always is in actions for malicious prosecution. Whether he had…