139 P. 751 | Or. | 1914
Opinion by
“If there was no evidence upon the question of malice, and the want of probable cause was satisfactorily proven, the jury might, from that alone, infer malice and so find, and their verdict would not be disturbed; but we do not believe the court would be authorized to charge the jury that ‘they may infer malice from want of probable cause.’"
How a verdict for plaintiff was arrived at in the case at bar is a mystery. Not only was there no evidence to negative want of probable cause, but the evidence seems clear and convincing that, from statements made to defendant by reliable and impartial persons, he or any reasonable man would have had ample cause to believe the plaintiff guilty of the offense charged against him.
The judgment is reversed and a new trial ordered.
Reversed.