Roessing v. Pittsburg Railways Co.
Supreme Court of Pennsylvania
Appeal, No. 65, Oct. T., 1909, by-defendant, from judgment of C. P. No. 3, Allegheny Co., May Term, 1904, No. 373, on verdict for plaintiff in case of Harry Roessing v. Pittsburg Railways Company. Trespass to recover damages for an alleged malicious prosecution. Before Evans, J. The facts are stated in the opinion of the Supreme Court. Verdict for plaintiff for $2,500, upon which judgment was entered for $2,000 all above that amount having been remitted.
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Appeal, No. 65, Oct. T., 1909, by-defendant, from judgment of C. P. No. 3, Allegheny Co., May Term, 1904, No. 373, on verdict for plaintiff in case of Harry Roessing v. Pittsburg Railways Company. Trespass to recover damages for an alleged malicious prosecution. Before Evans, J. The facts are stated in the opinion of the Supreme Court. Verdict for plaintiff for $2,500, upon which judgment was entered for $2,000 all above that amount having been remitted. Error assigned was in refusing binding instruction for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
Before the plaintiff in this case could succeed, he was bound to show that the defendant had no probable cause for thinking that he was guilty of the offense for which it prosecuted him. He was bound to show an abuse of the privilege of prosecution, and that the defendant had acted in bad faith. In the present case the plaintiff met this burden only to the extent of proving his arrest, and that he was held by the magistrate to await the action of the grand jury, his indictment and trial, and his acquittal. Defendant admitted responsibility for the arrest and…
2Cases cited8 opinions
- McCarthy v. De ArmitSupreme Court of Pennsylvania · 1881
- Robitzek v. DaumSupreme Court of Pennsylvania · 1908
- Cooper v. William R. Hart & Co.Supreme Court of Pennsylvania · 1892
- Bernar v. DunlapSupreme Court of Pennsylvania · 1880
- Bryant v. KuntzSuperior Court of Pennsylvania · 1902
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3Cited by20 opinions
- Miller v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1952
- Simpson v. Montgomery Ward & Co.Supreme Court of Pennsylvania · 1946
- Altman v. Standard Refrig. Co., Inc.Supreme Court of Pennsylvania · 1934
- Taylor v. American International Shipbuilding Corp.Supreme Court of Pennsylvania · 1922
- Groda v. American Stores CompanySupreme Court of Pennsylvania · 1934
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