Tufshinsky v. Pittsburgh, Cincinnati, Chicago & St. Louis Ry. Co.
Superior Court of Pennsylvania
Appeal, No. 87, Jan. T., 1915, by defendant, from judgment of O. P. Allegheny Co., April'T., 1913, No. 2028, on verdict for plaintiff in case of Morris Tufshinsky v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company. Trespass to recover damages for malicious prosecution. Before Ford, J. The facts are stated in the opinion of the Superior Court. Yerdict and judgment for plaintiff for $300. Defendant appealed.
Read the full summary
Appeal, No. 87, Jan. T., 1915, by defendant, from judgment of O. P. Allegheny Co., April'T., 1913, No. 2028, on verdict for plaintiff in case of Morris Tufshinsky v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company. Trespass to recover damages for malicious prosecution. Before Ford, J. The facts are stated in the opinion of the Superior Court. Yerdict and judgment for plaintiff for $300. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Orlady, J.,
Prosecutions are presumed to have been properly instituted ; and hence, to- sustain an action for malicious prosecution, malice and want of probable cause must both concur, and be proved by the plaintiff: McCarthy v. DeArmitt, 99 Pa. 63; Cooper v. Hart, 147 Pa. 594; Fry v. Wolf, 8 Pa. Superior Ct. 408. What is probable cause, and whether it exists, under admitted or clearly established facts, is a question of law for the court: Roessing v. Rys. Co., 226 Pa. 523. Malice in law exists where an act is done wrongfully and designedly by one person to the injury of another.…
2Cases cited4 opinions
- McCarthy v. De ArmitSupreme Court of Pennsylvania · 1881
- Markley v. SnowSupreme Court of Pennsylvania · 1904
- Cooper v. William R. Hart & Co.Supreme Court of Pennsylvania · 1892
- Roessing v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1910
3Cited by6 opinions
- Fagan v. Pittsburgh Terminal Coal Corp.Supreme Court of Pennsylvania · 1929
- Hubert v. the Alta Life Ins. Co.Superior Court of Pennsylvania · 1937
- Martinez v. KorvetteDistrict Court, E.D. Pennsylvania · 1971
- Butler v. Pennsylvania Railroad, Pennsylvania Court of Common Pleas, Alleghany County1930
- Railroad PolicePennsylvania Court of Common Pleas · 1930
1 more not listed; retrieve them via the Exa API.