Charlton v. Markland

Citations

• 36 Wash. 40
• 78 P. 132
• 1904 Wash. LEXIS 511

Syllabus

<p>Malicious Prosecution — Defenses—Malice—Advice of Counsel. In an action for malicious prosecution a nonsuit should not be granted on tbe ground that defendant instituted the same upon the advice of the magistrate, where the évidence merely showed that the magistrate stated that the charge was warranted if the facts could be substantiated.</p> <p>Same — Lack oe Probable Cause — Discharge foe Insufficient Proof. In an action for malicious prosecution, plaintiff’s discharge by the magistrate because of insufficient evidence, is prima facie proof of want of probable cause.</p> <p>Appeal and Error — Review—Evidence of Admitted Facts. It is not error to exclude evidence of facts which are admitted.</p> <p>Malicious Prosecution — Damages—Verdict not Excessive. A verdict of $600 in an action for malicious prosecution will not be disturbed as excessive where the plaintiff was an old man, was greatly humiliated, and lost much sleep, although he was under arrest less than one hour.</p>