Tyler v. Philadelphia Ritz-Carlton Co.

Citations

• 73 Pa. Super. 427
• 1920 Pa. Super. LEXIS 32

Syllabus

<p>Trespass — Asscmlt and battery — False arrest — Hotels — Ejectment from — Case for jury.</p> <p>In an action to recover damages for assault and battery and for false arrest and imprisonment against a private policeman' of a hotel company, the case is for the jury and a verdict for the plaintiff will be sustained where the evidence, if believed, established the fact that the employee of the hotel used excessive force in making an arrest, called the defendant abusive names and acted in an unnecessarily rough manner in ejecting him from the hotel. Under sucb circumstances, it was error to enter judgment for tbe defendant non obstante veredicto.</p> <p>Malicious prosecution — Verdict of guilty in criminal proceedings ■ — Prima facie evidence of probable cause.</p> <p>In an action for damages for false arrest, tbe general rule is that a conviction in tbe criminal proceedings is conclusive proof of probable cause, unless procured by false or fraudulent testimony or other unlawful means. Such a conviction is therefore open to inquiry as to the means by which it was brought about, and it may be rebutted by proving that it was obtained illegally.</p> <p>Where one enters a hotel open for the entertainment of the public the proprietor is bound to see that he is properly protected from the assaults or insults of those who are in the proprietor’s service and this is particularly true if the condition of the person so assaulted is brought about by the sale of liquor by the hotel.</p>