Bell v. Atlantic City Railroad

Citations

• 202 Pa. 178
• 51 A. 600
• 1902 Pa. LEXIS 490

Syllabus

<p>Malicious prosecution — Probable cause — Professional advice — Province of court and jury.</p> <p>A resort to professional advice does not necessarily establish a conclusive presumption against malice and in favor of probable cause, and hence does not constitute an independent and substantive defense to an action for malicious prosecution. Such evidence is admissible, however, as tending to establish a defense. Whether or not the defense is established is a question of fact to be found by the jury from all the facts and circumstances taken in connection with such advice. Thus it is for the jury to determine whether the party has fairly and fully communicated to his counsel the facts within his knowledge, and used reasonable diligence to ascertain the truth, as also whether he acted in good faith upon the advice received from counsel.</p>