Stratton v. Jordan

Citations

• 77 Pa. Super. 596
• 1921 Pa. Super. LEXIS 325

Syllabus

<p>Malicious prosecution — Probable cause — Binding instructions — 1 Duty of trial judge.</p> <p>'If it be made to appear in an action for malicious prosecution that there was probable cause for beginning the prosecution complained of, a complete legal defense is made out. In a case where the evidence of the plaintiff alone is proof of probable cause to the defendant, the trial judge should have affirmed defendant’s point for binding instructions, or should subsequently have entered judgment non obstante veredicto.</p>