Mann v. Cowan

Citations

• 8 Pa. Super. 30
• 1898 Pa. Super. LEXIS 6

Syllabus

<p>False arrest — Burden of proof of probable cause — Malice.</p> <p>Where, in an action for false arrest, the plaintiff has made out a prima facie case showing, among other things, that defendants had acted without advice of counsel in the prosecution, the burden of showing probable cause is east upon the defendants, and upon their failure to show it, the jury is unquestionably justified in finding lack of probable cause, and the malice which must concur to entitle the plaintiff to a verdict.</p> <p>Charge of court — Rebuttal of testimony — Charge as a whole.</p> <p>A trial judge is not held to a literal and verbatim statement of the testimony of a witness. It is only necessary that he should give correctly the substance of the testimony. If a serious mistake in quoting testimony is made by the judge, counsel should call his attention to it immediately after the charge. The charge cannot be attacked piecemeal when, taken as a whole, there is nothing to mislead the jury.</p>