Taylor v. American International Shipbuilding Corp.

Citations

• 275 Pa. 229
• 119 A. 130
• 1922 Pa. LEXIS 482

Syllabus

<p>Malicious prosecution — Malice—Probable cause — Reasonable belief — Mistake—Province of court and fury — Failure to deny charge before arrest.</p> <p>1. Prosecutions for crime are presumed to have been properly instituted, and, to sustain an action for malicious prosecution, malice and want of probable cause must be proved by plaintiff.</p> <p>2. Probable cause is a reasonable belief in known or reported circumstances, sufficiently inculpatory, and adequate to justify a prudent man in acting as prosecutor of a crime against the accused. It does not depend on guilt or the actual existence of the reported facts, but is based on an honest and reasonable belief in their existence.</p> <p>3. Representation of others may be sufficient foundation for it, especially if made by those who have had opportunities for knowledge. He who has reasonable ground for belief of guilt stands acquitted of liability, although he subsequently learns his mistake.</p> <p>4. It is exclusively for the jury to pass on the testimony, but the court must say, as a matter of law, whether the facts proven show probable cause.</p> <p>5. Generally it is a mixed question of law and fact, and, where the facts are in dispute, they must be submitted to the jury, who should be instructed as to what facts constitute probable cause.</p> <p>6. If all the admitted facts, and the reasonable inferences therefrom, amount to probable cause, the court should so declare it, and direct a verdict for defendant.</p> <p>1. Where a person is charged with a crime and makes no denial before arrest, and does not assert that the charge is a mistake, such conduct on his part is, in a subsequent action for malicious prosecution, material evidence as-to the honesty of belief and good faith of defendant in instituting the prosecution, where the prosecutor has knowledge of this fact before beginning the suit.</p>