Bender v. City of Seattle

(concurring in part, dissenting in part)— Bender's claims for malicious prosecution and false arrest should never have been decided by the jury. Probable cause for Bender's arrest existed as a matter of law and thus defeated both causes of action.

It should be borne in mind that

[our] court, in common with most other courts, has frequently said that actions for damages for malicious prosecution are not favored in law,. . . The reasons assigned for this attitude on the part of the courts are that it is to the best interest of society that those who offend against the law shall be promptly…