Bernar v. Dunlap
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: Of May Term 1880, No. 107. Trespass on the case, by Samuel B. Bernar against Stephen H. Dunlap, for malicious prosecution. Bernar was arrested, on the complaint of Dunlap, for the larceny of a pair of gloves. Dunlap did not appear, and the case was dismissed by the alderman.
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Error to the Court of Common Pleas of Lancaster county: Of May Term 1880, No. 107. Trespass on the case, by Samuel B. Bernar against Stephen H. Dunlap, for malicious prosecution. Bernar was arrested, on the complaint of Dunlap, for the larceny of a pair of gloves. Dunlap did not appear, and the case was dismissed by the alderman. At the trial of the present case, before Livingston, P. J., the plaintiff gave his own testimony, and called various witnesses to prove his good character. He also called the alderman, who testified: “ Mr. Dunlap came to my office in presence of Mr. Curtis, and Mr.…
1Opinion of the Court
The judgment of the Supreme Court was entered,
2Per curiam
It is well settled that to support an action for malicious prosecution both -want of probable cause for the prosecution, and malice in the prosecutor must be shown. Want of probable cause does not establish legal malice to be declared by the court; but it is evidence of malice proper to submit to the jury.
In an action against the prosecutor, if the plaintiff proves he was discharged by the examining magistrate, the burden of proof that there was probable cause, as a general rule, is cast on tho defendant. If, however, the plaintiff’s own testimony…
3Cited by23 opinions
- Taylor v. American International Shipbuilding Corp.Supreme Court of Pennsylvania · 1922
- Cooper v. William R. Hart & Co.Supreme Court of Pennsylvania · 1892
- Campbell v. Yellow Cab Co.Court of Appeals for the Third Circuit · 1943
- Roessing v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1910
- Ruffner v. HooksSuperior Court of Pennsylvania · 1896
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