Mitchell v. Logan
Supreme Court of Pennsylvania
Appeal, No. 146, Oct. T., 1895, by plaintiff, from judgment of C. P. Armstrong Co., June T., 1898, No. 207, entering nonsuit. Trespass for malicious prosecution. Before Rayburn, P. J. At the trial it appeared that on June 10, 1891, defendant was a passenger in a train and had placed his satchel on the seat of the car in which he was riding. Some one removed the satchel without his knowledge.
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Appeal, No. 146, Oct. T., 1895, by plaintiff, from judgment of C. P. Armstrong Co., June T., 1898, No. 207, entering nonsuit. Trespass for malicious prosecution. Before Rayburn, P. J. At the trial it appeared that on June 10, 1891, defendant was a passenger in a train and had placed his satchel on the seat of the car in which he was riding. Some one removed the satchel without his knowledge. Defendant heard that the satchel had been seen in the possession of plaintiff, and he consequently had him arrested. Plaintiff waived a hearing but admitted that he had had the satchel. He testified as to…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
In an action to recover damages for a malicious prosecution, a nonsuit was entered on the ground that the plaintiff had failed to show want of probable cause. The burden of doing this rested upon him, and under the undisputed testimony it was for the court to determine as matter of law whether it had been done. The testimony produced at the trial tended to show the plaintiff’s innocence o'f the crime with which he had been charged, but the question of probable cause did not turn upon the actual innocence or guilt of the accused. Probable cause is a reasonable ground…
2Cited by16 opinions
- Altman v. Standard Refrig. Co., Inc.Supreme Court of Pennsylvania · 1934
- Carol A. Rannels, Lynn L. Rannels v. S. E. Nichols, IncCourt of Appeals for the Third Circuit · 1979
- Ruffner v. HooksSuperior Court of Pennsylvania · 1896
- Bruff v. KendrickSuperior Court of Pennsylvania · 1902
- McCoy v. KalbachSuperior Court of Pennsylvania · 1912
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