Aland v. Pyle

Citations

• 263 Pa. 254
• 106 A. 349
• 1919 Pa. LEXIS 411

Syllabus

<p>Malicious prosecution — Punitive damages — Evidence as to amount of defendant’s estate — Evidence.</p> <p>1. In an action for malicious prosecution the defendant may be asked the amount of his estate where the plaintiff’s claim includes punitive damages, as such evidence is important in determining the amount of the penalty that will act as a punishment.</p> <p>■Trial — Order of proof — Discretion of trial fudge — Admission of evidence in rebuttal — Practice, O. P.</p> <p>2. It is not reversible error to admit evidence in rebuttal which should have been given in chief, since the order of proof is a matter in the discretion of the trial judge.</p> <p>Malicious prosecution — Pleading—Plaintiff’s statement — Punitive damages.</p> <p>3. A statement of claim in an action for malicious prosecution is sufficient to sustain a verdict for punitive damages where the statement, after setting out the circumstances of the plaintiff’s arrest and prosecution, avers that the same was done by the defendant “unlawfully, wilfully and maliciously and falsely and against the will of the plaintiff and without any warrant or authority of law and without reasonable or probable cause therefor,” and in the conclusion specifically asks vindictive or punitive damages.</p> <p>Malicious prosecution — Malice—Advice of counsel.</p> <p>4. The mere fact that a prosecution is instituted upon advice of counsel after a fair 'statement of the facts, is not conclusive evidence of the absence of malice, since it is the innocence of the defendant’s conduct and not the advice that rebuts the presumption of malice, and whether the advice is a good defense, depends upon the good faith with which it is sought and followed, which is a question for the jury to determine from the evidence.</p>