Turner v. O'Brien
Nebraska Supreme Court
Error to the district court of Dodge county. Tried below before Post, J. It was an action by Turner against O’Brien to recover damages for causing the said Turner to be arrested and imprisoned on a charge of grand larceny. The jury found in favor of the defendant, and Turner brought the cause here by petition in error. To maintain an action for this injury the plaintiff must prove, First.
Read the full summary
Error to the district court of Dodge county. Tried below before Post, J. It was an action by Turner against O’Brien to recover damages for causing the said Turner to be arrested and imprisoned on a charge of grand larceny. The jury found in favor of the defendant, and Turner brought the cause here by petition in error. To maintain an action for this injury the plaintiff must prove, First. That he has been prosecuted by the defendant, either criminally or in a civil suit; and that the prosecution is at an end. Second. That it was instituted maliciously and without probable cause. Third. That…
1Opinion of the CourtGantt, J.
This is an action for a malicious prosecution, and the essential grounds on which it rests, are malice and want of probable cause. Hence, to maintain the action, the plaintiff must prove both these elements, or. introduce evidence from which both may be fairly and legitimately inferred; for, notwithstanding the prosecution may be malicious, yet, if there be sufficient probable cause for its institution, the action cannot be sustained. But, if want of probable cause is established by the proofs in *544the ease, then malice may be, and most commonly is inferred. Merriman v. Mitchell, 13 Me., 439.…
2Cases cited3 opinions
- McKown v. . HunterNew York Court of Appeals · 1864
- Cesar v. . KarutzNew York Court of Appeals · 1875
- Hall v. SuydamNew York Supreme Court · 1849
3Cited by28 opinions
- Clark v. AllowayIdaho Supreme Court · 1946
- Runo v. WilliamsCalifornia Supreme Court · 1912
- Diers v. MallonNebraska Supreme Court · 1895
- Nehr v. DobbsNebraska Supreme Court · 1896
- Brumbaugh v. Frontier Refining Co.Nebraska Supreme Court · 1962
23 more not listed; retrieve them via the Exa API.