Melanowski v. Judy

Citations

• 102 Ohio St. (N.S.) 153

Syllabus

<p>Malicious prosecution— Want of probable cause — Malice presumed, when — Evidence — Reputation admissible in chief, when — Knowledge of reputation or of person accused.</p> <p>1. In an action for malicious prosecution, the want of probable cause is the gist of the action. If such be proven, the legal inference may be drawn that the proceedings were actuated by malice.</p> <p>2. In determining the want of probable cause, the defendant’s conduct should be weighed in view of his situation and of the facts and circumstances which he knew or was reasonably chargeable with knowing at the time he made the criminal complaint.</p> <p>3. In such action the plaintiff may introduce evidence of his good reputation in chief and before it has been subjected to attack. But before doing so he must present to the court a prima facie showing that when the complaint was filed' the defendant knew of such reputation, or that he either knew the plaintiff a reasonable length of time or for the same length of time knew that such a person lived in the community.</p>