40 Pa. Super. 590 | Pa. Super. Ct. | 1909
Opinion by
To sustain the plaintiff’s action it was necessary that he show malice and want of probable cause. This he proceeded to do by offering evidence tending to prove that he was not guilty of the offence charged in the complaint and that when he was brought before the magistrate by the constable who arrested him no witnesses were called against him and he was discharged without a hearing. Evidence was also offered from which it might be inferred that the prosecutor and other employees of the defendant co-operating with him caused the arrest of the plaintiff to enable them to take possession of the premises claimed by him, in his absence, and remove the fence and trees at a place where construction work of the defendant was in progress. As the case stood then, at the close of the plaintiff’s evidence, there was a denial of the commission of the offence, proof of the discharge of the defendant without hearing by the magistrate and evidence of an unlawful motive
The judgment is therefore affirmed.