Bernstein v. Walsh
Superior Court of Pennsylvania
Appeal, No. 135, Oct. T., 1906, by defendant, from judgment of C. P. No. 2, Phila. Co., March Term, 1904, No. 335, on verdict for plaintiff in case of Myer N. Bernstein v. John F. Walsh. Trespass for malicious prosecution.
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Appeal, No. 135, Oct. T., 1906, by defendant, from judgment of C. P. No. 2, Phila. Co., March Term, 1904, No. 335, on verdict for plaintiff in case of Myer N. Bernstein v. John F. Walsh. Trespass for malicious prosecution. Before Wiltbank, J. The court charged as follows: [It is difficult to treat this case without reaching the conclusion that the defendant, Mr. Walsh, is under certain cireumstances a dangerous citizen.] [3] It seems, however, that he may be quite free from any imputation, inasmuch as [I am obliged to leave to you the decision of the point in issue, and you may find that he…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff: recovered a verdict of $500 in this action of trespass for malicious prosecution, and the assignments of error upon which the -appellant relies are directed at the charge of the court, which it is earnestly contended was unfair and inadequate, because it impressed a one-sided view of the case upon the jury, one unfavorable to the defendant, as well as cast having discredit on certain circumstances which tended in his favor.
Viewing the appellant’s conduct in its most favorable light, he acted upon a state of facts, which affected with equal pertinence at…
2Cases cited3 opinions
- Commonwealth v. JohnsonLackawanna County Court of Quarter Sessions · 1890
- Commonwealth v. WarnerSuperior Court of Pennsylvania · 1900
- Mihalyik v. KleinSuperior Court of Pennsylvania · 1903
3Cited by2 opinions
- Katzenberg v. OberndorfSuperior Court of Pennsylvania · 1919
- Sanders v. StotesburySuperior Court of Pennsylvania · 1930