Moore v. Northern Pacific Railroad Company
| Decision Date | 16 June 1887 |
| Citation | 33 N.W. 334,37 Minn. 147 |
| Parties | Alexander Moore v. Northern Pacific Railroad Company, impleaded, etc |
| Court | Minnesota Supreme Court |
Appeal by the defendant the Northern Pacific Railroad Company from an order of the district court for Stearns county, Collins J., presiding, refusing a new trial.
Order reversed.
W. P Clough, Chas. D. Kerr, and John C. Bullitt, for appellant.
Bruckart & Reynolds and Barto & Barto, for respondent.
This is an action for a malicious criminal prosecution. We are to consider whether the case shows a want of probable cause for the prosecution. If it does not, the verdict against the appellant cannot be sustained. In cases of this character, while it is for the jury to determine any controversy as to the facts, it is for the court to declare the ultimate conclusion as to whether the facts, admitted or established by proof, are sufficient to show a want of probable cause. And in reviewing a determination upon a given state of facts as to the existence of probable cause, such determination is not treated as a mere conclusion of fact, to be sustained if there is evidence reasonably supporting it, even though the conclusion be contrary to that which the appellate court would have reached from a consideration of the same facts. It is treated rather as a legal conclusion, and, in reviewing it, an appellate court will measure its correctness by its own judgment from the facts shown. Burton v. St. Paul, M. & M. Ry. Co., 33 Minn. 189, (22 N.W. 300.)
There is but little controversy as to the facts relating to the criminal prosecution here complained of, and, in any view of the case which could properly be taken, we are of the opinion that it justified the prosecution. A quantity of fence wire on spools and kegs of staples had been stolen from the defendant, the railroad company. The company employed a detective agency to make investigation and ascertain the facts relating to the larceny. The agency sent a detective Gibson, who, after making some investigation, reported to one of the officers of the road, and was referred by him to the general attorney of the company at St. Paul, Mr. Clough, who had charge of its legal affairs, and who had been requested to investigate this matter. Gibson having stated to him the substance of what was afterwards embodied in the affidavits hereafter referred to, the attorney, Mr. Clough, sent to another attorney, a Mr. Fernald, to take and send to him the depositions of the persons referred to by Gibson. The parties referred to were brought before a justice of the peace, and their statements there made were by Mr. Fernald written out, and were sworn to by them. These affidavits were returned to Mr. Clough, who, after careful examination, concluded, as he says, -- and there is nothing opposing his testimony, -- that the statements in the affidavits were probably true. He, however, directed another attorney, the defendant Bullitt, to take the affidavits to the county attorney for examination, with the further direction that, if the latter should also think that there was a probable case against this plaintiff, a prosecution should be instituted against him. The case was then fully presented to the county attorney, who, after examination, stated to Mr. Bullitt that he thought it a complete and good prima facie case, and sanctioned the commencement of criminal proceedings. Mr. Bullitt then made formal complaint before a justice of the peace at Sauk Centre, charging this plaintiff with the larceny of a quantity of wire and staples. After the arrest of the plaintiff, and before the examination, Mr. Bullitt declined to proceed with the prosecution, and the plaintiff was discharged. The reason for this is not very distinctly shown by the evidence, but the ostensible reason was that Mr. Bullitt feared that the result might be affected by some local prejudice. No other reason is apparent. He immediately renewed the prosecution before another justice, in the same county, before whom...
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