Brown v. Waite

Citations

• 38 Pa. Super. 216
• 1909 Pa. Super. LEXIS 115

Syllabus

<p>Appeals — Assignments of error — New trial.</p> <p>1. A refusal of a new trial is not assignable as error.</p> <p>Malicious prosecution — Probable came — Evidence—Grounds for belief —Province of court and jury.</p> <p>2. To support an action for malicious prosecution the plaintiff must show want of a probable cause. While it is exclusively the province of the jury to pass upon the testimony and to ascertain the facts, it is the duty of the court to say as a matter of law, where the facts are undisputed, whether the facts established do or do not amount to probable cause. What is the probable cause, and whether it exists under an admitted or clearly established state of facts, is a question of law for the court. The question is not whether the person charged with a crime was guilty, but what were the indications of his guilt. The test is the belief of the prosecutor in the existence of the probable cause, based on reasonable grounds. The question does not depend upon the actual state of facts in the case, but upon the honest and reasonable belief of the prosecutor. It is a reasonable ground of suspicion, supported by circumstances sufficient to warrant an ordinarily prudent man in believing the accused party guilty of the offense.</p>