MacLaughlin v. Lehigh Valley Railroad

The opinion of the court was delivered by

Gummere, Chief Justice.

This appeal brings up for review a judgment in favor of the plaintiff in an action for malicious prosecution. The trial court refused to nonsuit, or direct a verdict in favor of the defendant, and these refusals are made the grounds of appeal. The question to be determined, therefore, is whether the plaintiff was entitled to go to the jury.

The undisputed facts in the case were as follows: On the night of December 19th, 1916, certain parties broke into a freight car of the defendant company standing on a siding in Jersey City, and…