Rawson v. Leggett
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Francis H. Leggett and others, from, a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 24th day of October, 1903, upon the verdict of a jury ifor $25,000, and also from an order entered in said clerk’s office on the 7th day of November, 1903, denying the defendants’ motion for a new trial made upon the minutes.
1DissentWoodward, J.
(dissenting) :
I do not agree with the majority of this court in the affirmance of the judgment in this action, because I am convinced that there was no question involved which should have been submitted to a jury. The burden of showing a want of probable cause was upon the plaintiff; he was bound to show, as one of the elements of his cause of action, not that no crime had been committed, or that he was not guilty of a crime, but that the defendants did not have reasonable cause to believe that he had been guilty of a crime. In an action of this character there are four things which must be…
2Cases cited7 opinions
- Willard v. . Holmes, Booth HaydensNew York Court of Appeals · 1894
- Black v. BuckinghamMassachusetts Supreme Judicial Court · 1899
- Monaghan v. CoxMassachusetts Supreme Judicial Court · 1892
- Kutner v. FargoAppellate Division of the Supreme Court of the State of New York · 1898
- Shafer v. LoucksNew York Supreme Court · 1870
2 more not listed; retrieve them via the Exa API.