DeLong v. Lehigh Valley Transit Co.

Citations

• 59 Pa. Super. 363
• 1915 Pa. Super. LEXIS 80

Syllabus

<p>Street railways — Passengers—Ejection and arrest — Malicious prosecution.</p> <p>1. In an action by a passenger against a street railway company to recover damages for an alleged false ejection and arrest, a small verdict for the plaintiff company will be sustained where it appears that although the plaintiff’s statement charged a malicious prosecution, the case was tried without objection to determine whether the plaintiff had been guilty of disorderly conduct, and whether the defendant’s employees had exceeded the scope of their authority in forcibly ejecting him and placing him in the custody of a police officer.</p> <p>2. In such a case the defendant cannot on appeal object for the first time that the plaintiff had not proved malice and want of probable cause, and a termination of a criminal action against him, in his favor.</p>