Bourne v. Stout

Citations

• 62 Ill. 261

Syllabus

<p>1. New trial—;finding as to facts. When the evidence is conflicting, it is the province of the jury to weigh it, and give credence to such portions as they believe to be true, and reject the balance; and in such a case their finding will not be disturbed unless it is manifestly against the evidence.</p> <p>2. Malicious prosecution—probable cause. In an action for malicious prosecution in procuring the plaintiff’s arrest on a criminal charge, if it appear that defendant had probable cause to believe that plaintiff was guilty, the defendant will not be liable.</p> <p>3. In such a case it is not necessary that all the facts shall be true upon which the prosecutor acts. If he honestly believes them to be true, and they are of such a character as would induce a reasonable and prudent man to believe them to be true, then there is probable cause.</p> <p>4. Probable cause—question of fact, under instructions. In a suit for malicious prosecution, the court can not rightfully say to the jury, that there is, or is not probable cause, but it is the duty of the court, when asked, to inform the jury what facts constitute, and what do not constitute, probable cause, leaving it to the jury to say whether such facts are proved.</p> <p>5. Instructions—repeating. It is not error to refuse instructions when the legal propositions contained in them are embraced in others which are given.</p>