Altman v. Standard Refrig. Co., Inc.

Opinion by

Mr. Justice Maxey,

The appellant, Norman Altman, obtained a verdict against the Standard Refrigerator Company for $5,500 in an action of trespass for malicious prosecution. The court below granted defendant’s motion for judgment n. o. v. on the ground that plaintiff “presented against the defendant no case of malice or want of probable cause.” “The uncontradicted evidence,” the court held, “must convince any candid mind that the prosecutor acted upon probable cause and without malice.” The court said further: “[If] the capricious verdict [of the jury] must be sustained, the…