Legal Opinion

Herscovitz v. Linder

Superior Court of Pennsylvania

Decided July 14, 1920No. Appeal, No. 84PublishedCited by 1 opinion

Appeal, No. 84, April T., 1920, by defendant, from judgment of C. P. Allegheny County, April T., 1919, No. 977, on verdict for plaintiff in the case of Jacob Herscovitz v. B. Linder. Trespass to recover damages for malicious prosecution. Before Evans, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $750 and judgment thereon.

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Appeal, No. 84, April T., 1920, by defendant, from judgment of C. P. Allegheny County, April T., 1919, No. 977, on verdict for plaintiff in the case of Jacob Herscovitz v. B. Linder. Trespass to recover damages for malicious prosecution. Before Evans, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $750 and judgment thereon. Errors assigned were various rulings on evidence, the charge of the court and refusal of defendant’s motion for judgment non obstante veredicto.

1Opinion of the Court

Opinion by

Keller, J.,

The defendant made complaint against the plaintiff charging him with the larceny of a copper boiler and some lead pipe. The latter’s arrest, trial and acquittal followed in due course. This action in trespass for malicious prosecution was then brought and resulted in a verdict' and judgment for the plaintiff, from which the defendant appeals.

The first and second assignments of error are directed to the refusal of the court below to give binding instructions for the defendant and enter judgment non obstante veredicto in his favor. As the jury had acquitted this plaintiff…

2Cases cited11 opinions

  1. Emerson v. CochranSupreme Court of Pennsylvania · 1886
  2. Boyd v. KerrSupreme Court of Pennsylvania · 1907
  3. Brobst v. RuffSupreme Court of Pennsylvania · 1882
  4. Beihofer v. LoeffertSupreme Court of Pennsylvania · 1893
  5. Gilliford v. WindelSupreme Court of Pennsylvania · 1885

6 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Trautman v. WillockSuperior Court of Pennsylvania · 1926

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