Bernstein v. Walsh

Citations

• 32 Pa. Super. 392
• 1907 Pa. Super. LEXIS 20

Syllabus

<p>Malicious prosecution — Wrongful arrest — Charge of court.</p> <p>In an action for malicious prosecution a judgment and verdict for plaintiff will be sustained, where it appears that the plaintiff was arrested in another state by the defendant personally at the point of a pistol, was detained in prison in that state for two weeks, was subsequently brought to Pennsylvania on a requisition, and at his trial was acquitted under binding instructions by the court on account of meagre and unreliable character of the evidence.</p> <p>It is not error for a judge in his charge to the jury, to express his opinion on the facts, if done fairly.</p>