Gilliford v. Windel
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2 of Allegheny county: Of October and November Term, 1884, Nos. 199 and 200. These were two actions on the case for malicious prosecution brought by Edward Windel and Michael Windel by their father and next friend, Thomas Windel, against Robert H. Gilliford.
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Error to the Court of Common Pleas No. 2 of Allegheny county: Of October and November Term, 1884, Nos. 199 and 200. These were two actions on the case for malicious prosecution brought by Edward Windel and Michael Windel by their father and next friend, Thomas Windel, against Robert H. Gilliford. The two cases arose from the same facts, which, on the trial before Ewing, P. J., appeared as follows : The defendant, Dr. Gilliford, was the owner of a building on Juniata street,. Allegheny City, which he used as*a bromine factory. This business required him to use large quantities of chlorate of…
1Opinion of the CourtJustice Gordon
delivered the opinion of the court, January 5th, 1885., As it is the duty of every citizen- to aid in enforcing the criminal laws of the state against those by whom they are wilfully disobeyed, so is it the business of our courts of justice' to see that the person thus undertaking to vindicate the law shall not suffer in consequence of such an attempt, even' though it may have proved abortive. Hence it is, that it has ever been held that an action for malicious prosecution can be maintained only where the plaintiff can make it appear, (1) that the defendant in his attempted prosecution had no…
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