Hirsch v. Feeney

Citations

• 83 Ill. 548

Syllabus

<p>1. Malicious prosecution—probable cause and malice are facts for the jury. In an action for malicious prosecution, the questions of probable cause and malice are ones of fact for the jury, under all the evidence and circumstances shown, and the court has no power to take them from the jury.</p> <p>2. Same—question of probable cause does not depend upon part, but all the evidence. An instruction in a suit for malicious prosecution, reciting portions of the evidence, and telling the jury that if they believe them, they constitute probable cause, and to find for the defendant, is properly refused, where there are other facts shown of important bearing on the question.</p> <p>3. Same—duty of inquiry before arresting person on suspicion. To justify the arrest of a person on a bare suspicion of burglary, from the fact of his having come into the store the evening before the burglary and paid a small bill, and whose character is good, the party causing (he arrest should use reasonable efforts to learn and know his true character, and if he does not, this may be considered on the trial of an action for malicious prosecution growing out of the arrest.</p> <p>4. Same—evidence in mitigation of damages. In a suit for malicious prosecution, the advice given the defendant by police officers may be proved as showing the circumstances under which the prosecution was instituted, and to mitigate, damages, but not as a defense.</p> <p>5. Same—instruction, as to refusal to publish article exonerating accused. ' In an action for malicious prosecution, the court refused an instruction that if the defendant consulted an attorney as to the propriety of his publishing an article exonerating the plaintiff of the charge, which he had requested, and promised, if done, to end the matter, and the attorney advised the defendant not to publish it, that there was no malice in declining to sign and publish the article: Held, that the instruction was properly refused.</p> <p>6. Same—whether damage