MILLER v. PENNSYLVANIA R.R. CO.


371 Pa. 308 (1952)

Miller v. Pennsylvania Railroad Company, Appellant.

Supreme Court of Pennsylvania.

Reargued May 27, 1952.

June 25, 1952.


Attorney(s) appearing for the Case

Theodore Voorhees, with him F. Hastings Griffin, Jr., Philip Price, and Barnes, Dechert, Price, Myers & Rhoads, for appellant.

Henry W. Balka, with him Edward J. Cooke, Jr., and Jesse N. Goldstein, for appellee.

Before DREW, C.J., STERN, STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.


OPINION BY MR. JUSTICE ALLEN M. STEARNE, June 25, 1952:

Plaintiff, Clarence W. Miller, filed this complaint in trespass for malicious prosecution against defendant, Pennsylvania Railroad Company. The court below submitted the issue of want of probable cause to a jury which found for plaintiff in the sum of $4,780. That court, after dismissing defendant's motions for judgment n.o.v. and for new trial, entered judgment on the verdict. Defendant appealed.

Submission...

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