Speck v. Judson

Probable cause in actions for malicious prosecution. In an action for malicious prosecution, where the facts are disputed by which-probable cause, or the want of it, is to be shown, a verdict will not be set aside, when it appears that it may he supported by the testimony — though the question of probable cause is for the court, where the testimony is undisputed, or upon such facts as are found by the jury.

On exceptions, taken in the superior court. This was an action for false imprisonment of the plaintiff by an arrest upon a prosecution for larceny of defendant’s property. Mr. Speck had been in the employ of the Prairie Scout Company, of which Mr. Judson was manager, and had charge of the stage property. Speck was discharged at Portsmouth, N. H., for getting some Indians, members of the dramatic company, drunk ; but he came from there to Portland with the company and claimed that Judson owed a trifling balance of wages and was bound, under their engagement, to pay his fare back to Chicago. This claim he left with an attorney for collection and it was sued. Some French pistols had been missing for several weeks ; Judson professed to suspect Speck of purloining them and liad his trunk searched. The pistols were not found but a case and some cartridges for them were; and it was for stealing these, valued in the complaint at two dollárs and a half, that Speck was arrested. He was discharged by the municipal court of Portland upon the hearing. To the refusal of the justice to rule that there was probable cause, and no evidence of a want of probable cause, the defendant excepted.