Brown v. Waite
Superior Court of Pennsylvania
Appeal, No. 62, Oct. T., 1908, by defendant, from judgment of C. F. No. 1, Phila. Co., June T., 1906, No. 4,917, on verdict for plaintiff in case of Aubrey H. Brown v. Henry F. Waite. Trespass to recover damages for malicious prosecution. Kinsey, J., charged in part as follows: The question comes up to you to determine what were the motives of Dr. Waite in this prosecution; that is, in this arrest and imprisonment of Brown, this plaintiff.
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Appeal, No. 62, Oct. T., 1908, by defendant, from judgment of C. F. No. 1, Phila. Co., June T., 1906, No. 4,917, on verdict for plaintiff in case of Aubrey H. Brown v. Henry F. Waite. Trespass to recover damages for malicious prosecution. Kinsey, J., charged in part as follows: The question comes up to you to determine what were the motives of Dr. Waite in this prosecution; that is, in this arrest and imprisonment of Brown, this plaintiff. In reaching a conclusion upon this, you will take all the facts in this case under your consideration. You have heard them yesterday and to-day, they are…
1Opinion of the Court
Opinion by
Orlady, J.,
The second assignment of error, viz.: “The learned court below erred in refusing the defendant’s motion for a new trial,” has been so frequently held by both the Supreme and this court, not to be reviewable except for flagrant error, that it is not necessary more than to refer to Stern v. Johnson, ante, p. 1, filed December 15, 1908, in which the authorities are collated.
The first assignment of error is, “The learned court erred in refusing to charge that defendant was entitled to a verdict.” The action is one for malicious prosecution, in which the plaintiff was…
2Cases cited3 opinions
- Markley v. SnowSupreme Court of Pennsylvania · 1904
- Robitzek v. DaumSupreme Court of Pennsylvania · 1908
- Campbell v. SidwellSuperior Court of Pennsylvania · 1902
3Cited by2 opinions
- McCoy v. KalbachSuperior Court of Pennsylvania · 1912
- Smith v. Patton, Pennsylvania Court of Common Pleas, Lancaster County1929