Thomas v. Kessler

Opinion by

Mr. Justice Schaffer,

This is an action to recover damages for a malicious prosecution. The trial judge entered a compulsory non-suit, which the court in banc refused to take off on the ground that probable cause for the prosecution appeared in plaintiff’s case. From this refusal she appeals. We think it not necessary to restate the law pertaining to actions of malicious prosecution, which we announced in several comparatively recent cases, * because plaintiff did not commit the crime with which she was charged, as the facts on the record clearly show.

Defendant, Kessler, is the…