King v. Apple River Power Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for St. Croix county: E. W. Helks, Circuit Judge. The appeal is from an order granting a new trial in an action for malicious prosecution.
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Appeal from an order of the circuit court for St. Croix county: E. W. Helks, Circuit Judge. The appeal is from an order granting a new trial in an action for malicious prosecution. Defendants, according to the allegations of the complaint, maliciously and without probable cause swore out a warrant before a justice of- the peace in St. Croix county,’ Wisconsin, falsely charging plaintiff with the offense of maliciously disturbing, interfering with, and injuring the wires and poles of the defendant company, used in its business of operating an electric power plant in such county, and procured…
1Opinion of the CourtMarshall, J.
Whether there was probable cause in a case of this sort is solely a question of law for the court where the facts are undisputed. The province of the jury is to deal *579with the controversy as to facts where there is a dispute in that respect, hut such controversy being settled the ultimate question is for the court. Stewart v. Sonneborn, 98 U. S. 187.
Generally speaking, in order for a person to have prohable cause to believe another guilty of a crime warranting institution of proceedings for his punishment, such person must have such knowledge or information as would lead an ordinarily prudent…
2Cases cited8 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Holliday v. HollidayCalifornia Supreme Court · 1898
- Hess v. Oregon Baking Co.Oregon Supreme Court · 1897
- Johnson v. MillerSupreme Court of Iowa · 1886
- Sutton v. McConnellWisconsin Supreme Court · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Topolewski v. Plankinton Packing Co.Wisconsin Supreme Court · 1910
- National Surety Co. v. PageCourt of Appeals for the Fourth Circuit · 1932
- Higgins v. PrattMassachusetts Supreme Judicial Court · 1944
- Williams v. FreySupreme Court of Oklahoma · 1938
- Gladfelter v. DoemelWisconsin Supreme Court · 1958
15 more not listed; retrieve them via the Exa API.