Ganea v. Southern Pacific Railroad

Citations

• 51 Cal. 140

Syllabus

<p>Malicious Prosecution.—In an action to recover damages for a malicious prosecution, the want of probable cause must be affirmatively established by the plaintiff.</p> <p>Idem.—If the plainiiff, in such action, proves that he was held to bail by the examining magistrate, he establishes, prima facie, the existence of probable cause, and the fact that the grand jury subsequently ignores the charge does not, in this State, afford evidence of want of probable cause which overcomes the effect of the order holding the plaintiff to bail. Idem.—In this State a defendant may appear by his witnesses before a grand jury, and if the grand jury dismisses the charge it affords no evidence of want of probable cause.</p> <p>Damaoes eor Malicious Prosecution. — Parties who, in good faith, and upon grounds believed at the time to be sufficient, cause the arrest of supposed offenders, should not be mulcted in damages merely because the accused party has succeeded in obtaining, an acquittal.</p>