Mitchell v. Logan

Citations

• 172 Pa. 349
• 37 W.N.C. 398
• 33 A. 554
• 1896 Pa. LEXIS 781

Syllabus

<p>Malicious prosecution — Probable cause.</p> <p>Probable cause is a reasonable ground of suspicion supported by eir-| cumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged. The test is the prosecutor’s belief of the existence of probable cause at the time, based upon reasonable grounds. ,</p> <p>In an action for malicious prosecution probable cause is shown where it appears that defendant had placed his satchel on the seat of the passenger car in which he was riding, and without his knowledge it had been removed and carried away by plaintiff, who in explanation said that he thought it belonged to a friend, and that after failing to find the supposed owner at the station kept it instead of returning it to the car or the station agent, and carried it a mile or more into the country and gave it to a stranger who said that he would give it to the owner.</p>