Legal Opinion

Waters v. West Chicago St. R. R.

Appellate Court of Illinois

Decided March 18, 1902PublishedCited by 4 opinions

Malicious Prosecution.—Error to the Circuit Court of Cook County; the Hon. Henry B. Willis, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901. This was an action to recover damages for an alleged malicious prosecution. The plaintiff had been arrested, held to bail, indicted and tried at the instance and by the procurement of the defendant.

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Malicious Prosecution.—Error to the Circuit Court of Cook County; the Hon. Henry B. Willis, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901. This was an action to recover damages for an alleged malicious prosecution. The plaintiff had been arrested, held to bail, indicted and tried at the instance and by the procurement of the defendant. Upon the trial it appeared that one George Clinton, having been injured bv a car operated by the defendant, brought suit in the Superior Court against the railroad company in February, 1892; that this cause was tried May 1 and 2,…

1Opinion of the Court

Hr. Justice Waterman

delivered the opinion of the court.

The arrest, prosecution and acquittal being admitted, the plaintiff was bound to prove want of probable cause therefor and might introduce evidence tending to show malice, although malice could be inferred from want of probable cause.

■To show these, the plaintiff called to the witness stand John F. Quaid who, at the instance of the detective agency employed by the defendant, arrested George Clinton, Frank Clinton, Rose Clinton, Clara Cling and John Cling, and took them to the rooms of Mooney & Boland. Quaid testified :

“ I came down with…

2Cases cited11 opinions

  1. Allison v. ChandlerMichigan Supreme Court · 1863
  2. Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
  3. Israel v. BrooksIllinois Supreme Court · 1860
  4. Goodspeed v. East Haddam BankSupreme Court of Connecticut · 1852
  5. William M. Ross & Co. v. InnisIllinois Supreme Court · 1864

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3Cited by4 opinions

  1. Luthmers v. HazelAppellate Court of Illinois · 1918
  2. Burch v. LockwoodAppellate Court of Illinois · 1927
  3. Hight v. Farmers' Grain Co.Appellate Court of Illinois · 1919
  4. Miller v. Eagle Star & British Dominions InsuranceSupreme Court of South Carolina · 1928

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