Mahaffey v. Byers
Supreme Court of Pennsylvania
Appeal, No. 143, Jan. T., 1892, by defendant, David Byers, from judgment of C. P. Clearfield Co., Sept. T., 1890, No. 540, on verdict for plaintiff, F. E. Mahaffey. Trespass for false imprisonment. The facts as they appeared at the trial, before Krebs, P. J., are stated in the opinion of the Supreme Court.
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Appeal, No. 143, Jan. T., 1892, by defendant, David Byers, from judgment of C. P. Clearfield Co., Sept. T., 1890, No. 540, on verdict for plaintiff, F. E. Mahaffey. Trespass for false imprisonment. The facts as they appeared at the trial, before Krebs, P. J., are stated in the opinion of the Supreme Court. Plaintiff’s point was as follows: “ 1. When one accused of crime has been discharged by the examining magistrate, the burden of showing probable cause is thrown on the prosecutor, in an action against him for malicious prosecution. Answer: That is a correct abstract statement of the law,…
1Opinion of the Court
Opinion by
Mb. Justice Heydbick,
The principles applicable to actions for false imprisonment and malicious prosecution have been so frequently discussed that a mere statement of them will be sufficient for the present ease. To maintain an action for false imprisonment it is enough in the first instance to show that the plaintiff has been deprived of his liberty without legal process. If the arrest was made by a peace officer it is a complete answer to show that there was reasonable cause to believe that a felony had been committed and that the person arrested was the perpetrator ; if by a…
2Cases cited3 opinions
- McCarthy v. De ArmitSupreme Court of Pennsylvania · 1881
- Bernar v. DunlapSupreme Court of Pennsylvania · 1880
- Fisher v. ForresterSupreme Court of Pennsylvania · 1859
3Cited by11 opinions
- Commonwealth v. CorleySupreme Court of Pennsylvania · 1985
- Taylor v. American International Shipbuilding Corp.Supreme Court of Pennsylvania · 1922
- Roessing v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1910
- Boyd v. KerrSupreme Court of Pennsylvania · 1907
- Cole v. ReeceSuperior Court of Pennsylvania · 1911
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