Madison v. Pennsylvania Railroad

Citations

• 147 Pa. 509
• 23 A. 764
• 1892 Pa. LEXIS 881

Syllabus

<p>Malicious prosecution — Malice—Plaintiff's testimony conclusive of absence of malice.</p> <p>In an action for malicious pi'oseeution, the plaintiff is not entitled-to recover where it appears from his own testimony that the investigation which led o his arrest was instituted by the police for the purpose of discovering criminals who were engaged in a series of systematic robberies of the cars of the defendant, a railroad company.</p> <p>Public policy and the demands of public justice cannot permit a jury to punish a prosecutor where the inference of malice, drawn from the discharge of the plaintiff by the magistrate, is rebutted by plaintiff’s own testimony disclosing circumstances showing entire absence of malice.</p> <p>A jury ought not to be permitted to infer malice from the mere Want of probable cause, when, by other circumstances, it is disproved.</p>