Berger v. Wild

Citations

• 130 F. 882
• 66 C.C.A. 79
• 1904 U.S. App. LEXIS 4243

Syllabus

<p>1. Malicious Prosecution — Evidence—Malice—Probable Cause.</p> <p>Defendant’s superintendent, on being led to apprehend that plaintiff had tampered with certain accounts in her charge, sought the assistance of another of defendant’s superintendents; and they, on examining the books, found what they supposed to be a considerable deficit. Defendant company was then notified, and sent a supervising inspector, who, after making an examination, confirmed the result previously arrived at, when, by defendant’s direction, the superintendents submitted the books and papers to its counsel, and he, after examining them, advised plaintiff’s prosecution. Held, that plaintiff’s acquittal and proof of such facts were insufficient to establish a cause of action for malicious prosecution; such evidence being insufficient to establish either malice or want of probable cause.</p>