Caldwell v. Bennett

Citations

• 22 S.C. 1
• 1884 S.C. LEXIS 1

Syllabus

<p>1. If there is any evidence tending to support the plaintiff’s case, it is the province of the jury to determine its force and effect.</p> <p>2. In an action for malicious prosecution, there being evidence that the prosecution was ended, and circumstances proved which tended to show a want of probable cause (from which malice maybe inferred), the Circuit judge properly refused a non-suit.</p> <p>3. In actions for malicious prosecution, the jury should be instructed, as matter of law, as to what constitutes probable cause, and then it is for them to say, from a review of all the foots and circumstances proved to have been present to the mind of the prosecutor, at the time he commenced his prosecution, or the plaintiff, when he instituted his civil action, whether there was or was not probable cause for such proceeding.</p> <p>4. In such cases malice may be inferred from the want of probable cause.</p>