Scott v. Dewey

Citations

• 23 Pa. Super. 396
• 1903 Pa. Super. LEXIS 83

Syllabus

<p>Malicious prosecution — Probable cause — Malice—Burden of proof — Evidence.</p> <p>In an action for malicious prosecution the burden of proof is on the plaintiff to show malice and want of probable cause.</p> <p>A discharge by an examining magistrate or by the verdict of a petit jury shifts the burden of proof and casts on the defendant the burden of showing probable cause. When probable cause is shown, the motive of the prosecutor is unimportant. A well founded prosecution may be undertaken from a bad motive. Whether the facts presented constitute probable cause is a question to be determined by the court. If the admitted facts amount to probable cause, a verdict‘for the defendant should be directed by the court.</p> <p>While it is true that the discharge or acquittal of the plaintiff casts the burden on the defendant to show probable cause, the rule does not apply in cases where the plaintiff’s own testimony discloses the existence of probable cause.</p> <p>Probable cause is a reasonable ground for belief of guilt, — a deceptive appearance of guilt arising from facts and circumstances misapprehended or misunderstood so far as to produce belief.</p> <p>Where probable cause has been shown it is a matter of no legal consequence whether malice existed or not.</p> <p>Where probable cause has been shown by the plaintiff’s own evidence, it is the duty of the court below to decide that the plaintiff cannot recover. This may be done on a motion for compulsory nonsuit, or by the reservation of a question of law and subsequent entry of judgment for defendant non obstante veredicto.</p> <p>Practice, G. P. — Trial—Reservation of question of law — Malicious prosecution.</p> <p>In an action for malicious prosecution a question of law is properly reserved as follows: “ Whether or not there is any evidence to submit to to the jury of want of probable cause in bringing the criminal prosecution.”</p> <p>Malicious prosecution — Probable cause — Malice.</p> <p>Where in an action fo