Stratton v. Jordan
Superior Court of Pennsylvania
Appeal, No. 148, Oct. T., 1921, by defendant, from judgment of O. P. No. 2, Phila. Co., Dec. T., 1919, No. 1900, on verdict for plaintiff in the case of William H. Stratton v. J. S. Jordan. Trespass for malicious prosecution. Before Rogers, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff in the sum of $2,000. Subsequently a remittitur was filed of all in excess of $1,200, and judgment was entered thereon. Defendant appealed.
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Appeal, No. 148, Oct. T., 1921, by defendant, from judgment of O. P. No. 2, Phila. Co., Dec. T., 1919, No. 1900, on verdict for plaintiff in the case of William H. Stratton v. J. S. Jordan. Trespass for malicious prosecution. Before Rogers, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff in the sum of $2,000. Subsequently a remittitur was filed of all in excess of $1,200, and judgment was entered thereon. Defendant appealed. Error assigned, among others, were refusal of defendant’s motions for new trial and for judgment non obstante veredicto. To support an…
1Opinion of the Court
Opinion by
Linn, J.,
This is an appeal from a judgment for plaintiff obtained in an action for alleged malicious prosecution. Appellant contends the court should have directed a verdict for him or should subsequently have entered judgment ñon obstante veredicto upon the ground that plain*598tiff failed to show such absence of probable cause for prosecution as would permit submitting the case to the jury.
The decision must be governed by Robitzek v. Daum, 220 Pa. 61, and Wolf v. Stern, 71 Pa. Superior Ct. 191. The prosecution grew out of plaintiff’s employment in 1917, to sell shares of stock of…
2Cases cited7 opinions
- Robitzek v. DaumSupreme Court of Pennsylvania · 1908
- Boyd v. KerrSupreme Court of Pennsylvania · 1907
- Mitchell v. LoganSupreme Court of Pennsylvania · 1896
- Gilliford v. WindelSupreme Court of Pennsylvania · 1885
- Ritter v. EwingSupreme Court of Pennsylvania · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Taylor v. American International Shipbuilding Corp.Supreme Court of Pennsylvania · 1922
- Welker v. New York Central RailroadSupreme Court of Pennsylvania · 1922
- Trautman v. WillockSuperior Court of Pennsylvania · 1926
- Shafer v. Meadville Tele. Co.Superior Court of Pennsylvania · 1930
- Jones v. Auto Rental Co., Pennsylvania Court of Common Pleas, Alleghany County1948
2 more not listed; retrieve them via the Exa API.