BAIN v. PHILLIPS

Record No. 751031.

228 S.E.2d 576 (1976)

Thomas A. BAIN, III v. Nelson S. PHILLIPS, Jr.

Supreme Court of Virginia.

October 8, 1976.


Attorney(s) appearing for the Case

William B. Spong, Jr., Portsmouth (Joseph B. Benedetti, Richmond, Cooper, Spong, Davis, Kilgore, Parker, Leon & Fennell, Portsmouth, Minor, Saunders & Benedetti, Richmond, on briefs), for plaintiff-in-error.

Thomas S. Word, Jr., Richmond (Willard I. Walker, William L. Matson, McGuire, Woods & Battle, Richmond, on brief), for defendant-in-error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.


COMPTON, Justice.

In this malicious prosecution action stemming from a layman's alleged wrongful criminal prosecution of another, we deal with the subject of probable cause for initiating the criminal proceedings.

Appellee Nelson S. Phillips, Jr., the plaintiff below, sued appellant Thomas A. Bain, III, and John F. Batte, Jr. and R. Bolling Batte, the defendants below, for compensatory and punitive damages alleging Bain wrongfully initiated criminal prosecutions...

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