Langford v. Boston & Albany Railroad

The first count of the plaintiff’s declaration is, in substance, a count for malicious prosecution; and it cannot be maintained, because the evidence fails to show such a termination of the prosecution alleged to be malicious as will entitle the plaintiff to maintain this action. The entry of nolle prosequi by the district attorney of his own motion, followed by a discharge of the accused party by the court, may be such a termination of the prosecution as will enable the party to maintain an action for malicious prosecution. Graves v. Dawson, 133 Mass. 419. But our cases uniformly hold that,…