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213 Pa. 355

Buel v. Bergman

Supreme Court of Pennsylvania

Decided January 2, 1906

Supreme Court of Pennsylvania · decided 1906-01-02

Appeal, No. 74, Oct. T., 1905, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1902, No. 684, on verdict for defendant in case of Fred. Buel, Jr., a minor, by his father and next friend, Fred. Buel, Sr., v. Daniel A. Bergman. Trespass for malicious prosecution. Before Collier, P. J. The opinion of the Supreme Court states the case. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was the charge of the court.

Affirmed · Decided 1906-01-02

Per Curiam,

¶1This action was to recover damages for a malicious prosecution. The only assignment of error is to the charge. It is conceded that the instruction given as to the law applicable to the action was correct. The ground of complaint is that there was a failure to instruct the jury that proof that a prosecution was instituted for the purpose of collecting a debt imposed on the defendant- the burden of showing probable cause. The proofs upon this subject were meager and inferential, and were met by countervailing proofs of at least equal force, and the question did not become one of such importance in .the case that the failure to refer to it in the charge was error. If specific instructions were desired, they should have been asked for.

¶2The judgment is affirmed.

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