Beihofer v. Loeffert

Citations

• 159 Pa. 374
• 28 A. 216
• 1893 Pa. LEXIS 1521

Syllabus

<p>Malicious prosecution — Probable cause — Discharge by magistrate.</p> <p>In an action for malicious prosecution the burden oí proof lies on plaintiff to show malice and want of probable cause, and a jury may infer the former from the latter. A discharge by the examining magistrate easts upon defendant the burden of establishing probable cause, unless it appears in plaintiff’s testimony. If probable cause is shown it matters not whether the motive of the prosecutor was praiseworthy or malicious.</p> <p>Malicious prosecution — Advice of counsel.</p> <p>Ii the defendant in an action for malicious prosecution in good faith sought, obtained, and honestly followed the advice oí competent counsel on a full and fair statement of all facts within his knowledge, or which he had reasonable cause to believe he was able to prove, the advice so received and acted upon will constitute a defence to the action.</p> <p>Malice — Damages—Advice of justice of the peace — Evidence.</p> <p>It is not competent for the defendant in an action for malicious prosecution for the purpose of negativing malice, and in mitigation of damages, to prove that in instituting the prosecution he acted upon the advice of a justice of the peace: Brobst v. Ruff, 100 Pa. 91.</p>