Reel v. Martin

Citations

• 12 Pa. Super. 340
• 1900 Pa. Super. LEXIS 243

Syllabus

<p>Malicious prosecution — Charge of larceny — Cause of action.</p> <p>An action for malicious prosecution lies when there is evidence that the plaintiff was committed on a charge of larceny at the defendant’s instance, an indictment found and a verdict of not guilty rendered on the trial of said prosecution for larceny.</p> <p>Charge of court — Reading statement disapproved — Practice, C. P.</p> <p>' The practice of reading the plaintiffs statement as part of the chai’ge is to be condemned and will be scrutinized strictly by the appellate court. The appellate court will .not, however, reverse because the trial judge read a portion of the statement to the jury, when it does not appear that such reading inflicted any substantial injury upon the defendant.</p> <p>Charge of court — Misstatement of fact — When reversible error.</p> <p>When it is impossible to say what influence a misstatement made by the judge may have had with the jury on the question of damages, the appellate court will reverse when such misstatement is assigned for error, although it may not have been pivotal as to the main issue in the case.</p>