Hulings v. Darlington

Citations

• 57 Pa. Super. 535
• 1914 Pa. Super. LEXIS 231

Syllabus

<p>Conspiracy — Civil action — Evidence.</p> <p>1. In a prosecution for a conspiracy the combination is of the gist of the offense, and if that is not proved there can be no conviction. The offense is complete when the conspiracy is formed. In a civil suit for damages the rule is different. In the latter case the mere combination injures no one, and unless there is something done in pursuance thereof no action will lie.</p> <p>2. The burden is on him who alleges a conspiracy as the foundation of his suit to prove it by sufficient testimony, and, failing to do so his action falls. A conspiracy must be proven by substantive facts, not by disconnected circumstances, any one of which, or all of which are more consistent, or just as consistent with a lawful purpose as with an unlawful undertaking.</p>