Auer v. Mauser
Superior Court of Pennsylvania
Appeal, No. 142, Oct. T., 1897, by plaintiff, from judgment of C. P. Northampton Co., April T., 1895, No. 24, on verdict for defendants. Trespass for malicious prosecution. Before Schuyler, P. J. The action was based on alleged malicious prosecution of the plaintiff by the defendants in causing him to be arrested for larceny. The facts sufficiently appear in the opinion of the court.
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Appeal, No. 142, Oct. T., 1897, by plaintiff, from judgment of C. P. Northampton Co., April T., 1895, No. 24, on verdict for defendants. Trespass for malicious prosecution. Before Schuyler, P. J. The action was based on alleged malicious prosecution of the plaintiff by the defendants in causing him to be arrested for larceny. The facts sufficiently appear in the opinion of the court. The court below directed a verdict for the defendants in the following charge: [It is indispensable to a recovery in an action for malicious prosecution that the prosecution claimed to be malicious was fully…
1Opinion of the Court
Opinion by
Smith, J.,
This action is based on an alleged malicious prosecution of the plaintiff by the defendants. The grounds on which such an action must rest are well settled; it must appear that the prosecution upon which it is founded was commenced maliciously and without probable cause. These are essential and must coexist. What circumstances constitute probable cause, are for the court; whether they have been shown in a particu*622lar case is for the jury to decide. Malice may be implied from want of probable cause, and may be rebutted by evidence showing its absence. But want of probable…
2Cases cited12 opinions
- McClafferty v. PhilpSupreme Court of Pennsylvania · 1892
- Thorne v. Travellers InsuranceSupreme Court of Pennsylvania · 1876
- Dietz v. LangfittSupreme Court of Pennsylvania · 1870
- Thomas v. MillerSupreme Court of Pennsylvania · 1895
- County of Cumberland v. BoydSupreme Court of Pennsylvania · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Fry v. WolfSuperior Court of Pennsylvania · 1898
- Delany v. LindsaySuperior Court of Pennsylvania · 1911
- Scott v. DeweySuperior Court of Pennsylvania · 1903
- Werner v. BowersSuperior Court of Pennsylvania · 1928
- Shafer v. Meadville Tele. Co.Superior Court of Pennsylvania · 1930
5 more not listed; retrieve them via the Exa API.