Ripley v. McBarron
Massachusetts Supreme Judicial Court
Tort for malicious prosecution. Writ dated October 11, 1876. At the trial in the Superior Court, before Allen, J., without a jury, the plaintiff introduced evidence tending to show that the defendant made a complaint against him to the Municipal Court of Boston, in which he charged the plaintiff with an assault and battery upon him; and that he was arrested on a warrant issued on said complaint, and was discharged on September 26,1876. On cross-examination, he testified…
Read the full summary
Tort for malicious prosecution. Writ dated October 11, 1876. At the trial in the Superior Court, before Allen, J., without a jury, the plaintiff introduced evidence tending to show that the defendant made a complaint against him to the Municipal Court of Boston, in which he charged the plaintiff with an assault and battery upon him; and that he was arrested on a warrant issued on said complaint, and was discharged on September 26,1876. On cross-examination, he testified that, when the case came on to be heard, the defendant stated to the court that a mistake had been made; and that he was…
1Opinion of the CourtMorton, J.
In an action for malicious prosecution, the burden is upon the plaintiff to prove that the defendant has instituted against him a prosecution, civil or criminal, which has been terminated in his favor, and that it was instituted maliciously and without probable cause. Malice may be inferred by the jury from want of probable cause, but it is not a necessary inference. In ordinary cases, proof that the defendant knowingly and designedly commenced a prosecution without reasonable or probable cause would be sufficient proof of malice; but the question of the existence of malice is a distinct…
2Cases cited1 opinion
- Barron v. MasonSupreme Court of Vermont · 1858
3Cited by11 opinions
- Beecy v. PucciarelliMassachusetts Supreme Judicial Court · 1982
- Reed v. Home Savings BankMassachusetts Supreme Judicial Court · 1881
- Krulevitz v. Eastern RailroadMassachusetts Supreme Judicial Court · 1886
- White v. International Textbook Co.Supreme Court of Iowa · 1916
- Falvey v. FaxonMassachusetts Supreme Judicial Court · 1887
6 more not listed; retrieve them via the Exa API.