Hugee v. Pennsylvania Railroad

Dissenting Opinion by

Mr. Justice Bell:

The majority opinion states that except for minor conflicts or discrepancies, the evidence in this case was “unconflicting and unimpeached”; and on this *293unconflicting and unimpeached testimony the majority decides as a matter of law, under Miller v. Pennsylvania Railroad Company, 371 Pa. 308, 89 A. 2d 809, that the plaintiff proved lack of probable cause. The majority has given lip service to this leading case but in my judgment has misapplied and emasculated the principles established or reiterated in that case to such an extent as to make it meaningless.