Wolf v. Stern
Superior Court of Pennsylvania
Appeal, No. 241, Oct. T., 1918, by defendant, from judgment of Municipal Court of Philadelphia Co., March T., 1918, No. 83, on verdict for plaintiff in case of Joseph Albert. Wolf v. Milton Stern, trading as Auto Transit Co. Trespass to recover damages for malicious prosecution. Before Crane, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $557. Defendant appealed.
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Appeal, No. 241, Oct. T., 1918, by defendant, from judgment of Municipal Court of Philadelphia Co., March T., 1918, No. 83, on verdict for plaintiff in case of Joseph Albert. Wolf v. Milton Stern, trading as Auto Transit Co. Trespass to recover damages for malicious prosecution. Before Crane, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $557. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Orlady, P. J.,
In this action of trespass for malicious prosecution the jury rendered a verdict in favor of the plaintiff. The defendant had requested binding instruction in its favor and subsequently moved for judgment non obstante veredicto, which was dismissed, and this appeal alleges this action of the court to be erroneous. Submitting the question of probable cause to the jury depends entirely on whether there were any substantial facts in dispute. If it be made to appear there was probable cause for beginning the prosecution complained of, a complete legal 'defense is made out,…
2Cases cited7 opinions
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- Smith v. EgeSupreme Court of Pennsylvania · 1866
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3Cited by6 opinions
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