Baughn v. Benson

Citations

• 77 Pa. Super. 181
• 1921 Pa. Super. LEXIS 234

Syllabus

<p>Trespass — Damages—Unlawful arrest and false imprisonment — > Case for jury.</p> <p>In an action in trespass to recover damages for unlawful arrest and false imprisonment, the case is for the jury and a verdict for the plaintiff will be sustained, where the evidence established that the plaintiff was arrested at the instance of the defendants without a warrant, that no charge under oath was preferred against him, and that he remained in jail for two nights' and one day before he was released through the efforts of his own counsel. Under such circumstances, the case was for the jury and the burden was upon the defendants to show that the arrest was by authority of law.</p> <p>Where one commences a criminal prosecution for the purpose of compelling hie debtor to pay a just debt, it is prima facie evidence of want of probable cause and of malice, and shifts the burden of proof upon the defendant.</p> <p>New trials — Refusal of new trial — Discretion of trial judge — Review by Superior Court.</p> <p>The Superior Court will not, on the merits of the case, review the discretion of the lower court, in refusing a new trial on account of the alleged perjiiry of the plaintiff, where it appears that the counter affidavits filed by the plaintiff traversed every material averment set out in the defendants’ petition, with explanation where the traverse was not specific, which would, in the opinion of the court, make a conviction of perjury improbable and unsafe, and it also appears that the trial was a fair one, in which the defendants were fully advised by the pleadings of the nature and character of the evidence, which the plaintiff would produce to establish his case.</p>