71 Pa. Super. 191 | Pa. Super. Ct. | 1919
Opinion by
In this action of trespass for malicious prosecution the jury rendered a verdict in favor of the plaintiff. The defendant had requested binding instruction in its favor and subsequently moved for judgment non obstante veredicto, which was dismissed, and this appeal alleges this action of the court to be erroneous. Submitting the question of probable cause to the jury depends entirely on whether there were any substantial facts in dispute. If it be made to appear there was probable cause for beginning the prosecution complained of, a complete legal 'defense is made out, and its existence or nonexistence is a legal conclusion to be drawn from established facts. If the facts necessary to support such conclusion are admitted or established by uncontradicted evidence, it becomes the duty of the court to declare as a matter of law that such defense has or has not been made out: Kuhns v. Ward-Mackey Co., 55 Pa. Superior Ct. 164; Gow v. Adams Express Co., 61 Pa. Superior Ct. 115. If the admitted facts in such a case amount to probable cause, a verdict for the defendant should be directed by the court: Smith v. Ege, 52 Pa. 419; Ritter v. Ewing, 174 Pa. 341; Robitzek v. Daum, 220 Pa. 61; Sheldrake v. Rumpf, 68 Pa. Superior Ct. 546. Probable cause does not depend upon the guilt or innocence of the plaintiff, but upon ap
The assignments of error are sustained, the judgment is reversed, the record to be remitted to the court below with direction to enter judgment in favor of defendant n. o. v.