Van v. Pacific Coast Co.
U.S. Circuit Court for the District of Washington
Action to recover damages for causing the plaintiff to be arrested by a police officer upon an accusation of theft, which was not afterwards prosecuted, the complaint alleging that the defendant’s agent acted maliciously in causing his arrest, without any cause or warrant whatsoever. On the trial a verdict for the defendant was rendered, pursuant to a peremptory instruction of the court. Heard on motion for a new trial. Motion denied.
1Opinion of the Court
HANFORD, District Judge.
Upon the trial of this action, after all the evidence had been introduced in behalf of the defendant as well as the plaintiff, and both sides had rested, the court granted a motion then made in behalf of the defendant for a peremptory instruction to-the jury to render a verdict for the defendant. Said motion was granted by the court, upon the ground that by the uncontradicted evidence in the case there appeared to be probable cause for the accusation made against the plaintiff upon which he was arrested by a police officer, and there was no evidence of malice on the…
2Cases cited2 opinions
- Filer v. SmithMichigan Supreme Court · 1893
- White v. McQueenMichigan Supreme Court · 1893
3Cited by3 opinions
- Polonsky v. Pennsylvania R. Co.U.S. Circuit Court for the District of Southern New York · 1909
- Polonsky v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1911
- Polonsky v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1911