Boyd v. Kerr
Supreme Court of Pennsylvania
Appeal, No. 39, Oct. T., 1906, by plaintiff;, from order of O. P. Clarion Co., Aug. T., 1900, No. 19, refusing to take off nonsuit in case of L. C. Boyd v. Thomas Kerr and S. H. Raster. Trespass to recover damages for malicious prosecution. Before Lindsey, P. J., specially presiding. The facts are stated in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
This was an action for malicious prosecution. A nonsuit was entered because of the failure of proof that the prosecution was instituted without probable cause. The plaintiff, in addition to the proof of his acquittal of the crime of arson with which he had been charged, showed all the circumstances connected with the fire, and by calling the defendants as witnesses he opened the door for them to prove the facts on which they had acted in bringing the prosecution as they had appéared to them at the time.
It appeared from the evidence that the plaintiff was conducting…
2Cases cited2 opinions
- Mahaffey v. ByersSupreme Court of Pennsylvania · 1892
- Huckestein v. New York Life InsuranceSupreme Court of Pennsylvania · 1903
3Cited by16 opinions
- Altman v. Standard Refrig. Co., Inc.Supreme Court of Pennsylvania · 1934
- Taylor v. American International Shipbuilding Corp.Supreme Court of Pennsylvania · 1922
- Robitzek v. DaumSupreme Court of Pennsylvania · 1908
- Campbell v. Yellow Cab Co.Court of Appeals for the Third Circuit · 1943
- Van Sant v. American Exp. Co.Court of Appeals for the Third Circuit · 1946
11 more not listed; retrieve them via the Exa API.