Legal Opinion

Aland v. Pyle

Supreme Court of Pennsylvania

Decided January 4, 1919No. Appeal, No. 114PublishedCited by 26 opinions

Appeal, No. 114, Oct. T., 1918, by defendant, from judgment of O. P. Allegheny Co., Jan. T., 1917, No. 1722, on verdict for plaintiff in case of O. W. Aland v. Will Pyle.

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Appeal, No. 114, Oct. T., 1918, by defendant, from judgment of O. P. Allegheny Co., Jan. T., 1917, No. 1722, on verdict for plaintiff in case of O. W. Aland v. Will Pyle. Trespass for malicious prosecution: Before Reid, J. The defendant’s second request for instruction and the answer of the court were as follows: “If you believe that the action for malicious prosecution was instituted upon advice of legal counsel after a fair statement of the facts as detailed by the defendant and the counsel consulted, this is conclusive of the absence of malice, and your verdict must be for the defendant.…

1Opinion of the Court

Opinion by

Mr. Justice Walling,

This is an action for malicious prosecution. In June, 1916, defendant, being engaged in the haberdashery business in Pittsburgh, employed plaintiff to do some window trimming, on which he was engaged about four and one-half days. Defendant expressed dissatisfaction with the work and discharged plaintiff, offering him' a check for $12.50. Thereupon a dispute arose between them; plaintiff contended that he was to be paid at so *256much per window, amounting to $54.45, and defendant that he was to pay whatever he thought the work was worth. Thereafter plaintiff sued…

2Cases cited5 opinions

  1. Benner v. Fire Ass'nSupreme Court of Pennsylvania · 1910
  2. Danley v. DanleySupreme Court of Pennsylvania · 1897
  3. Finlay v. StewartSupreme Court of Pennsylvania · 1867
  4. Smith v. WalterSupreme Court of Pennsylvania · 1889
  5. Continental Insurance v. DelpeuchSupreme Court of Pennsylvania · 1876

3Cited by26 opinions

  1. Lunsford v. MorrisTexas Supreme Court · 1988
  2. Feld v. MerriamSuperior Court of Pennsylvania · 1983
  3. Thomas v. American Cystoscope Makers, Inc.District Court, E.D. Pennsylvania · 1976
  4. Huffman v. SimmonsSuperior Court of Pennsylvania · 1938
  5. Psinakis v. PsinakisCourt of Appeals for the Third Circuit · 1955

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