263 Pa. 254 | Pa. | 1919
Opinion by
This is an action for malicious prosecution. In June, 1916, defendant, being engaged in the haberdashery business in Pittsburgh, employed plaintiff to do some window trimming, on which he was engaged about four and one-half days. Defendant expressed dissatisfaction with the work and discharged plaintiff, offering him' a check for $12.50. Thereupon a dispute arose between them; plaintiff contended that he was to be paid at so
At the trial of this case plaintiff called defendant for cross-examination and was permitted to ask him as to the amount of his estate, which was right, as plaintiff’s claim included punitive damages, and in such case a defendant’s financial ability may be shown as it helps the jury to determine what amount would be a suitable punishment. “Evidence of the defendant’s pecuniary condition is competent when the question of exemplary damages is involved......If the defendant is to be punished, his financial circumstances will be important in determining what will be a sufficiently heavy penalty to act as a punishment”: 18 R. C. L. pp. 75, 76. “On the question of punitive damages it is obviously proper that the wealth of the defendant should be considered”: 18 Am. & Eng. Enc. of Law (2d Ed.), p. 1097. See also M’Almont v. M’Clelland, 14 S. & E. 359; Jacoby v. Guier, 6 S. & E. 399.
Some of plaintiff’s rebuttal evidence, strictly speaking, may have been 'of a secondary character, but we are spared from deciding that question as the only objection made to its admission was that it was not rebuttal, and therefore no other ground can be urged here: Danley v. Danley, 179 Pa. 170; Benner v. Fire Assn, of Philadelphia, 229 Pa. 75. Aside from that, the exhibits objected to are not before us as they were omitted from the record.
Plaintiff’s statement of claim, after setting out the circumstances of his arrest and prosecution, avers that the same was done by the defendant, “unlawfully, wilfully and maliciously and falsely and against the will of the plaintiff and without any warrant or authority of law and without reasonable or probable cause therefor,” and in the conclusion specifically asks vindictive or punitive damages. So there is no basis for appellant’s contention that the statement was not sufficient to sustain a verdict for such damages.
The fact that a prosecution is instituted upon advice of counsel after a fair statement of the facts is not conclusive evidence of the absence of malice. “It is not the advice, however, that rebuts the presumption of malice, but the innocence of the defendant’s conduct, of which his seeking advice is merely evidence; and whether the advice is a good defense depends upon the good faith with which it is sought and followed, and this is a ques
The assignments of error are overruled ani the judgment is affirmed.