Hess v. German Baking Co.

This is an action to recover damages alleged to have been sustained by the wrongful issuance of an injunction in a suit brought by the defendant corporation against the plaintiff’s intestate. As originally filed, the complaint contained an allegation that such suit was malicious and without probable cause; but after the jury had been impaneled, and before any testimony was offered, the court, on motion of the plaintiff’s counsel, struck out the allegations therein charging malice and want of probable cause, on the ground that an injury suffered by a malicious prosecution dies with the person…