Roessing v. Pittsburg Railways Co.

Citations

• 226 Pa. 523
• 75 A. 724
• 1910 Pa. LEXIS 809

Syllabus

<p>Malicious prosecution — Probable cause — Province of court and jury— Advice of counsel.</p> <p>1. What is probable cause, and whether it exists under an admitted or clearly established state of facts, is a question of law for the court.</p> <p>2. In an action by a street railway conductor against a street railway company which had formerly employed him, to recover damages for an alleged malicious prosecution, it is the duty of the court to say as a matter of law that there was probable cause for the prosecution5 where it appears that five men of good character watched the conductor at various times, and reported that he had failed to ring up numerous fares, and that the company did not begin the prosecution until it was advised to do so by its counsel, after all the facts had been laid before him.</p>