Bell v. Atlantic City Railroad
Supreme Court of Pennsylvania
Appeal, No. 12, Jan. T., 1900, by plaintiff, from judgment of C. P. No. 1, Phila. Co., March Term, 1896, No. 788, on verdict for defendant in case of Samuel H. Bell v. Atlantic City Railroad Company. Trespass for malicious prosecution. The opinion of the Supreme Court states the case.
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Appeal, No. 12, Jan. T., 1900, by plaintiff, from judgment of C. P. No. 1, Phila. Co., March Term, 1896, No. 788, on verdict for defendant in case of Samuel H. Bell v. Atlantic City Railroad Company. Trespass for malicious prosecution. The opinion of the Supreme Court states the case. The court charged in part as follows : There is a point in this case which, I think, without going through the whole case, is the conclusive one, and it is this : That where a man goes to a lawyer, a reputable lawyer, and states his case to him, and the lawyer advises him to bring the prosecution, it is a…
1Opinion of the Court
Opinion by
Mr. Chief Justice McCollum,
This was an action for malicious prosecution to recover the damages sustained by a defendant in a prior proceeding commenced or carried on from a malicious motive, and without any probable cause therefor. Previous to the institution of this suit Bell was an employee of the Atlantic City Railroad Company for six years or more when he was selected by the company to be chief ticket agent at Camden, New Jersey, over its Atlantic City branch. He accepted the position tendered him and entered upon the performance of his duties at once. He continued in the…
2Cases cited4 opinions
- Sharpe v. JohnstonSupreme Court of Missouri · 1875
- Smith v. WalterSupreme Court of Pennsylvania · 1889
- Leahey v. MarchSupreme Court of Pennsylvania · 1893
- Wright v. HannaIndiana Supreme Court · 1884
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- Biggans v. Hajoca Corp.District Court, E.D. Pennsylvania · 1950
- Humphreys v. MeadSuperior Court of Pennsylvania · 1903
- Kauffeld's EstateSuperior Court of Pennsylvania · 1905