132 Ky. 228 | Ky. Ct. App. | 1909
Opinion of the Court by
Affirming
The appellant, Duerr, as plaintiff below, filed his petition against the appellee company, defendant, in which he averred, in substance: That on or about June 20, 1907, one Frank Stigers, then in the employment of the defendant, and acting within the scope of his employment and in its interest, in at-.
The general rule, and the one prevailing in this State, is that, in an action for false arrest or malicious prosecution, the plaintiff must both allege and, prove malice as well as want of probable cause on the part of the prosecutor. Both of these things must ■concur before a recovery can be had. Although a prosecution may be maliciously instigated1, yet, if the prosecutor had probable cause for taking the ■aetion he did, the fact that he was! áetuated by an evil purpose will not authorize a recovery against him. It must also be shown that there was a lack of probable cause to warrant the institution of the alleged false or malicious proceedings. It is also •settled that a conviction in an inferior court for the offense is conclusive evidence of the fact that there •was probable cause for the prosecution, although the
But the appellant completely closed the door of the courts to his petition for redress when he admitted that be had pleaded guilty to a charge that was made unjustly, as be avers, against him. A person who comes into open court and admits on the record that he is guilty of the offense for which he is being prosecuted' will not afterwards' be heard to say that the prosecution against him was procured by fraudulent methods. He will not be allowed to admit in one court that he was guilty, and in another to plead his innocence. His public admission of guilt in the criminal court was a complete and unanswerable refutation of the charge that the prosecution against him was unfounded. It furnished, in connection with the judgment, conclusive evidence that there was probable cause for the prosecution, and the trial court ruled correctly in sustaining the demurrer to the petition.
The judgment is affirmed.