Opinion · Superior Court of Pennsylvania

Gow v. Adams Express Co.

61 Pa. Super. 115

Type
Opinion
Court
Superior Court of Pennsylvania
Jurisdiction
Pennsylvania
Date
1915-10-11
Topic
general

Opinion by Orlady, J., In entering judgment for the defendant non obstante veredicto, the trial judge decided that he should have held as a matter of law, that the facts that were either admitted or established by uncontradicted evidence constituted reasonable and probable cause, and therefore, that binding instructions to find for the defendant should have been given to the jury. In an action for malicious prosecution, if the facts connected with the prosecution are admitted, or are so clearly established as not to be open to dispute, the question of probable cause is for the court: McCoy v. Kalback, 242 Pa. 123; Com. v. Storey, 49 Pa. Superior Ct. 282; Kuhns v.

Citator

UpLaw has not yet analyzed Gow v. Adams Express Co.. The absence of a flag is not a finding that it is good law.

Cited by
7 opinions

Opinion by

Orlady, J.,

In entering judgment for the defendant non obstante veredicto, the trial judge decided that he should have held as a matter of law, that the facts that were either admitted or established by uncontradicted evidence constituted reasonable and probable cause, and therefore, that binding instructions to find for the defendant should have been given to the jury.

In an action for malicious prosecution, if the facts connected with the prosecution are admitted, or are so clearly established as not to be open to dispute, the question of probable cause is for the court: McCoy v. Kalback, 242 Pa. 123; Com. v. Storey, 49 Pa. Superior Ct. 282; Kuhns v. Ward Mackey Co., 55 Pa. Superior Ct. 164.

A careful examination of the record, with the opinion of Judge Haymaker, satisfies us that there is no reversible error in his conclusion.

The judgment is affirmed.