Orr v. Seiler
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny County. Case by .Victoria A. Seiler against James L. Orr and. W. H. Gerdes for malicious prosecution. On the trial in the Court below before Stowe, P. J., these facts appeared: The husband of the plaintiff' occupied a building of W. H. Gerdes, one of the defendants, as tenant, and carried on the business of selling liquors.
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Error to the Court of Common Pleas, No. 1, of Allegheny County. Case by .Victoria A. Seiler against James L. Orr and. W. H. Gerdes for malicious prosecution. On the trial in the Court below before Stowe, P. J., these facts appeared: The husband of the plaintiff' occupied a building of W. H. Gerdes, one of the defendants, as tenant, and carried on the business of selling liquors. He died January 31st, 1879, and the plaintiff took out letters of administration, and continued the business until the latter part of April, 1879, when she left the premises. In the front room was a partition, and on…
1Per curiam
We find no error in the answers of the learned Court to the points presented. There was nothing in the information given to Gerdes, and communicated by him to Orr, which made probable cause for the latter to institute a prosecution for larceny. As it appears that the proceeding was a wanton and a reckless one, and especially if the design was to get back property alleged to have been wrongfully taken, which, if it was true, could only be remedied by a civil action, there was no error in the instruction to the jury on the subject of damages.
Judgment affirmed.
2Cited by2 opinions
- Zebley v. StoreySupreme Court of Pennsylvania · 1888
- Millar v. SollittAppellate Court of Illinois · 1907