Hantman v. Hedden

Citations

• 31 Pa. Super. 564
• 1906 Pa. Super. LEXIS 259

Syllabus

<p>Malicious prosecution — Probable cause — Inception of the prosecution— Erroneous charge.</p> <p>In an action for malicious, prosecution the question of probable cause relates to the inception of the prosecution, and that is to be determined from the facts and circumstances which were then known to the prosecutor. It is therefore error, in such a case, to charge that if the defendants continued the prosecution after they had learned that the plaintiff “was not guilty of the charge, or that they had no reason to believe he was guilty of the charge, then the action was without probable cause.”</p>