Emerson v. Skaggs

Citations

• 52 Cal. 246

Syllabus

<p>MAlioious Pbosecutioh.—In an action to recover damages for a malicious prosecution, it is error for the Court to leave it to the jury to determine whether the facts and circumstances proved do or do not establish the want of probable cause.</p> <p>Idem.—If, in such action, it clearly appears to the Judge that the facts fail to establish a want of probable cause, he may grant a nonsuit, or direct the jury to render a verdict for the defendant.</p> <p>Idem.—Tf there are facts proved by the defendant which tend to show probable cause, it is error for the Court to charge the jury that the evidence offered by the defendant does not establish probable cause.</p>