Friars v. Wilson

Citations

• 70 Pa. Super. 522
• 1918 Pa. Super. LEXIS 294

Syllabus

<p>Malicious prosecution — Probable ■ cause — Opportunity to steal— Evidence — Gase for jury.</p> <p>In an action for malicious prosecution where the admitted facts amount to no more than that plaintiff had an opportunity to steal, probable cause is not established as a matter of law, and the case must be submitted to the jury.</p> <p>In such a case a point offered by defendants is properly refused where the point makes defendants’ thought, and not their belief, the grounds for their belief and its reasonableness, the criterion of the existence of probable cause.</p>