Smith v. Walter
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF BERKS COUNTY. No. 126 July Term 1888, Sup. Ct.; court below, No. 46 June Term 1885, C. P. On May 20,1885, Dr. Aaron Smith issued a summons in trespass on the case for malicious prosecution against Dr. Robert Walter. The plea was not guilty. At the trial on May 16, 1888, the following facts appeared: Dr. Smith owned and conducted a sanitarium in Berks county, for some years prior to 1874, and then leased it to Dr. Walter.
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ERROR TO THE COURT OF COMMON PLEAS OF BERKS COUNTY. No. 126 July Term 1888, Sup. Ct.; court below, No. 46 June Term 1885, C. P. On May 20,1885, Dr. Aaron Smith issued a summons in trespass on the case for malicious prosecution against Dr. Robert Walter. The plea was not guilty. At the trial on May 16, 1888, the following facts appeared: Dr. Smith owned and conducted a sanitarium in Berks county, for some years prior to 1874, and then leased it to Dr. Walter. At the expiration of the lease, Smith refused to renew it and Walter put up buildings for himself in the neighborhood, and conducted a…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell :
It is to be regretted that this long personal controversy should be further protracted, but an error, unfortunately pervading the whole charge, compels a reversal of.the judgment.
The learned judge instructed the jury: “ The defendant has submitted a point to the court to the effect that if you believe that is true which Cyrus G. Derr testifies to — in other words, if you believe him to be a truthful witness — the verdict must be for the defendant. That point the court feels it their duty to affirm, and we shall distinctly affirm that point, and affirm it in this…
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