Simmons v. Gardner

Citations

• 46 Wash. 282
• 89 P. 887
• 1907 Wash. LEXIS 606

Syllabus

<p>Malicious Prosecution — Probable Cause — Burden of Proof— Question for Court — Trial—Direction of Yerdict. In an action for malicious prosecution, where it appears from the undisputed evidence that the prosecutors acted upon the advice of the prosecuting attorney after making a full and truthful statement of all known facts relating to probable cause for the prosecution, it becomes the duty of the court to find probable cause as a matter of law, and to direct a verdict for the defendants; the burden of proving want of probable cause being on the plaintiff, although he was discharged.</p>