Bell v. Atlantic City Railroad

This suit is for' a malicious prosecution, in causing the plaintiff’s arrest for an imputed crime.

The conclusion of the court is, that the rule to show cause why a new trial should not be granted must be made absolute.

*228This opinion rests upon various grounds, which will be briefly indicated, so as to guide the cause in its future progress. First, we think that the question of the existence of a reasonable cause for the prosecution in question should have been decided by the court, and should not have been left, as it was, to the jury. The facts on which that question turned were not, as it…