Florida East Coast Railroad v. Groves

Citations

• 55 Fla. 436

Syllabus

<p>1. Two elements must be proven by a plaintiff in a suit for damages for a malicious prosecution viz: (1) malice in the prosecutor, and (2) a want of probable cause, and where the proof fails to establish both of these elements, such a suit must fail.</p> <p>2. In a suit for damages for a malicious prosecution, where there is no dispute about the material facts, the question of probable cause is one of law.</p> <p>3. In a suit for damages for a malicious prosecution, where the evidence fails to show a want of probable cause in the prosecut- or, he is entitled to an affirmative charge in his behalf.</p> <p>4. Where the agent of a corporation, believing that a crime had been committed, states all the material facts bearing on the transaction so far as he was informed of them, to the prosecuting officer of a county, and furnishes him the names of witnesses, who can give more detailed information, and leaves it to the officer to act on his own judgment and responsibility as to whether there shall be a criminal prosecution, and does no more, the fact that the prosecuting officer may make a mistake in instituting a criminal 'prosecution does not affect the bona fides of the agent, and the corporation cannot be held liable for a malicious prosecution.</p>