52 So. 953 | Ala. | 1910
This was an action of malicious prosecution, and grew out of an assault made upon one Stitb, in 1904, who was at tbe time superintendent of tbe defendant company’s mine at Brookside. It appeared without any sort of contradiction that in tbe prosecution which followed, and of which tbe plaintiff
After his. arrest the plaintiff had been taken by the deputy sheriff having him in charge from Brookside to Birmingham on a train. Plaintiff testified that most every one on the train knew he was under arrest, as
The first charge, given on the request of the plaintiff, was a statement of the law serviceable to the jury and accurate in its application to the tendencies of the evidence in this case. Stith, in making his statement to the attorney and in speaking for McQueen, who, the jury might have inferred, was acting for the defendant on that occasion, had narrated an assault upon himself, and its attendant circumstances — an affair quorum' magna pars. There was nothing in the case so stated, nor in the character of the man making the statement, to indicate any reasonable occasion for further inquiry. Defendant was not required to indulge suspicion of the statement. ' The only question of practical application in the immediate connection was whether he had made a full and fair statement of the facts known to him. That was a question for the jury, and was submitted to the decision of the jury by the charge. Jordan v. A. G. S. R. R. Co., 81 Ala. 220, 8 South. 191, relied on by appellant, holds with the appellee on this point. There the information connecting plaintiff with the commission of the crime charged against him was inherently weak and unsatisfactory, and one would suppose that prudence would have stimulated. further inquiry. Stone, C. J., laid down the general proposition that where a prosecutor fully and fairly submits to learned counsel all the facts which he knows, or by
The second charge given to plaintiff is not argued. It states a proposition which seems sufficiently clear.
In Chandler v. McPherson, 11 Ala. 919, it was said that if the defendant in an action for malicious prosecution, when putting the prosecution on foot, acted under an honest belief that the plaintiff was guilty of the offense charged against him, no recovery can be had. And that case is cited as authority for the proposition that the court erred in refusing to give charge 1 requested by appellant. The assertion of the charge in respect to the guilt of plaintiff on the facts hypothesized may be conceded. But the charge goes further and asserts that, although plaintiff was innocent, no verdict could be found for plaintiff, if Stith honestly thought be was guilty. In Long v. Rodgers, 19 Ala. 321, this court qualified Chandler v. McPherson, saying: “It will never do, as we have above intimated, to hold that a belief of the plaintiff’s guilt, founded upon the caprice, prejudice, or idle dreams of the prosecutor, in the absence of all facts and circumstances which would generate such suspicion of a reasonably prudent man, will exonerate the party from liability. The books abound with cases to the contrary” — citing a number of cases. This case has since been followed on a number of occasions. In Steed v. Knowles, 79 Ala. 446, the court expressed itself in this language: “There can be no justification without honest belief 'coupled with, and supported by, reasonable grounds.” — Lunsford v. Dietrich,
We do not know why we should be asked to consider charge 2 refused to defendant. The charge permitted a recovery against the defendant Aldridge. But there is no judgment against him.
Other assignments of error relate to the refusal of the general charge to defendant and the overruling of the motion for a new trial. There can be scarcely any doubt that the defendant participated in the prosecution of plaintiff. We need to add only that issues as to good faith in consulting counsel, and probable cause generally, are for the determination of the jury.— Brown v. Master, 111 Ala. 397, 20 South. 344.
We think the judgment should be affirmed.
Affirmed.