Hirschi v. Mettelman

This was an action of trespass for false imprisonment. Exceptions were taken to the third and fourth instructions given on the trial of the cause on behalf of appellee (plaintiff below). These instructions are as follows: Third. “ The court further instructs the jury, that while the law is that both malice and a want of probable, cause must exist in order to sustain an action for a malicious prosecution, yet it is also the law that if there is a want of probable cause, the jury may infer malice from that circumstance. And in this case, if the jury believe, from the evidence, that the…