Aldrich v. Inland Empire Telephone & Telegraph Co.

Citations

• 62 Wash. 173
• 113 P. 264
• 1911 Wash. LEXIS 669

Syllabus

<p>Appeal — Review—Harmless Error. A verdict in favor of defendants cures error in refusing to sustain a challenge to the sufficiency of the evidence.</p> <p>Malicious Prosecution — Malice—Evidence ■ — ■ Sufficiency. In actions against a corporation and its president for malicious prosecution, a finding of malice on the part of the corporation, although none was found against the president, is warranted, where it appears that he did not become president until long after the occurrence, other officers did not report all the facts to him, and he fully reported to the prosecuting attorney all the facts within his knowledge.</p> <p>Same — Trial—Judgment—Joint Tort Feasors. In actions for malicious prosecution against a corporation and its president, a verdict and judgment for the president does not exonerate the corporation where the prosecution was directed by the trustees</p> <p>Same — Damages—Costs of Defenses. In an action for malicious prosecution, the cost of a transcript, paid after discharge, cannot be recovered as a necessary expense incurred in making plaintiff’s defense.</p> <p>Same — Probable Cause — Evidence—Admissibility. In an action for malicious prosecution, the admission in evidence of the magistrate’s reasons for discharging the plaintiffs is prejudicial error, where want of probable cause is not conceded.</p>