Jackson v. Hillerson
Superior Court of Pennsylvania
Appeal, No. 172, Oct. T., 1914, by defendants, from, judgment of C. P. No. 4, Phila. Co., March T., 1913, No. 4,786, on verdict for plaintiff in case of Joseph W. Jackson v. David Hillerson and Theodore M. Boyer. Trespass for malicious prosecution. Before AudenRIED, J. At the trial it appeared that on March 20, 1913, the plaintiff found in the office of the Northwestern Trust Company of Philadelphia, a paper package containing forty uncut diamonds.
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Appeal, No. 172, Oct. T., 1914, by defendants, from, judgment of C. P. No. 4, Phila. Co., March T., 1913, No. 4,786, on verdict for plaintiff in case of Joseph W. Jackson v. David Hillerson and Theodore M. Boyer. Trespass for malicious prosecution. Before AudenRIED, J. At the trial it appeared that on March 20, 1913, the plaintiff found in the office of the Northwestern Trust Company of Philadelphia, a paper package containing forty uncut diamonds. There was no evidence that the plaintiff knew to whom they belonged. He took them home, and two days afterwards seeing an advertisement of the…
1Opinion of the Court
Opinion by
Orlady, J.,
This case is clearly within the rule indicated in Leibig v. Steiner, 94 Pa. 466, "Exceptional cases arise where it is the duty of the trial judge to express his opinion of the facts and guide the minds of the jury to a correct view of the evidence; and therefore it has been settled that when he does so, without misleading or controlling them in the disposition of the facts, there is no error for reversal:” Knee v. McDowell, 25 Pa. Superior Ct. 641; Fredericks v. Northern Central Railroad, 157 Pa. 103.
Whether certain facts constitute probable cause must be determined by…
2Cases cited9 opinions
- McCarthy v. De ArmitSupreme Court of Pennsylvania · 1881
- Burk v. HowleySupreme Court of Pennsylvania · 1897
- Fredericks v. Northern Central R. R.Supreme Court of Pennsylvania · 1893
- Leibig v. SteinerSupreme Court of Pennsylvania · 1880
- Smith v. WalterSupreme Court of Pennsylvania · 1889
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- Law v. Atlantic Coast Line RailroadSupreme Court of Pennsylvania · 1951
- Trautman v. WillockSuperior Court of Pennsylvania · 1926
- Di Santo v. Alper Et Ux.Superior Court of Pennsylvania · 1930
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