Robitzek v. Daum
Supreme Court of Pennsylvania
Appeal, No. 215, Oct. T., 1907, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., March Term, 1904, No. 650, on verdict for defendant in case of Louisa Robitzek v. Edward Daum. Trespass to recover damages for malicious prosecution. At the trial it appeared that the plaintiff had been arrested on the information of the defendant for the larceny of two pair of blankets and a pillow.
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Appeal, No. 215, Oct. T., 1907, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., March Term, 1904, No. 650, on verdict for defendant in case of Louisa Robitzek v. Edward Daum. Trespass to recover damages for malicious prosecution. At the trial it appeared that the plaintiff had been arrested on the information of the defendant for the larceny of two pair of blankets and a pillow. At the trial in the quarter sessions she was acquitted and the costs imposed upon the prosecutor. In an opinion refusing a new trial Sweabingen, P. J., stated the facts to be as follows: The plaintiff was…
1Opinion of the Court
Opinion bt
Mr. Justice Elkin,
To support an action for malicious prosecution the plaintiff must show want of probable cause. While it is exclusively *64the province of the jury to pass upon the testimony and ascertain the facts, it is the duty of the court to say, as a matter of law, whether the facts established do or do not amount to probable cause. What is probable cause and whether it exists under an admitted or clearly established state of facts is a question of law for the court: Walbridge v. Pruden, 102 Pa. 1; Boyd v. Kerr, 216 Pa. 259. In an action for malicious prosecution the question is…
2Cases cited4 opinions
- Appeal of FoxSupreme Court of Pennsylvania · 1886
- Boyd v. KerrSupreme Court of Pennsylvania · 1907
- Gilliford v. WindelSupreme Court of Pennsylvania · 1885
- Walbridge v. PrudenSupreme Court of Pennsylvania · 1882
3Cited by28 opinions
- Simpson v. Montgomery Ward & Co.Supreme Court of Pennsylvania · 1946
- Altman v. Standard Refrig. Co., Inc.Supreme Court of Pennsylvania · 1934
- Taylor v. American International Shipbuilding Corp.Supreme Court of Pennsylvania · 1922
- Morphy v. ShipleySupreme Court of Pennsylvania · 1945
- Campbell v. Yellow Cab Co.Court of Appeals for the Third Circuit · 1943
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