Fox v. Fox
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Westmoreland county: Of October'and November Term 1880, No. 251. Case by John O. Eox against Levi Fox for malicious prosecution.
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Error to the Court of Common Pleas of Westmoreland county: Of October'and November Term 1880, No. 251. Case by John O. Eox against Levi Fox for malicious prosecution. The trial resulted in a verdict for plaintiff, when defendant took this writ, his assignments of error being as follows : 1. The court erred in not. saying to the jury whether there was probable cause or not for the arrest and prosecution against the plaintiff below. 2. The court erred in throwing the whole case upon the jury to say whether there was probable cause or not, as well as the question of the proof of the facts. 3.…
1Opinion of the Court
The judgment of the Supreme Court was entered November 8th 1880,
2Per curiam
There is no error in the charge of which the plaintiff in error can avail himself. Nothing is better settled than that error cannot be assigned for an omission of the judge below to charge in a particular way unless his attention was called to it by a special request. In Laughlin v. Clawson, 3 Casey 328, there was a request for specific instructions. The defendant’s points were substantially affirmed, and the jury were properly instructed as to what in law was probable cause, and as the facts were.in con *61test they were left to…
3Cited by4 opinions
- Herstine v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1892
- Weitz v. BanfieldSupreme Court of Pennsylvania · 1910
- Machen v. Railway Co.Superior Court of Pennsylvania · 1900
- Mineral Railroad & Mining Co. v. AutenSupreme Court of Pennsylvania · 1898