Quinlan v. Breslin, No. 8003.

CourtUnited States State Supreme Court of Rhode Island
Writing for the CourtCAPOTOSTO, Justice.
Citation200 A. 989
Decision Date20 July 1938
Docket NumberNo. 8003.
PartiesQUINLAN v. BRESLIN.
200 A. 989

QUINLAN
v.
BRESLIN.

No. 8003.

Supreme Court of Rhode Island.

July 20, 1938.


200 A. 990

Exceptions from Superior Court, Providence and Bristol Counties; Philip C. Joslin, Judge.

Action on the case by Robert E. Quinlan against Anna Breslin for malicious prosecution of the plaintiff on the criminal charge of assault and battery. To review a nonsuit granted at the conclusion of plaintiff's case, the plaintiff brings an exception.

Exception sustained and the case remitted for a new trial.

Charles A. Curran and Armenag Thomasian, both of Providence, for plaintiff. Briggs & Doyle and David P. Doyle, all of Providence, for defendant.

CAPOTOSTO, Justice.

&gt

This is an action on the case for malicious prosecution of the plaintiff on a criminal charge of assault and battery. It was tried before a justice of the superior court, sitting with a jury, who, at the conclusion of the plaintiff's case, granted the defendant's motion for a nonsuit. The case is before us solely on the plaintiff's exception to this ruling.

The facts are practically undisputed. The evidence shows that the plaintiff was arrested by the police of the city of Cranston and delivered into the custody of the police of the city of Warwick on a private complaint for an alleged assault and battery on the person of this defendant. Upon entering a plea of not guilty in the criminal case, the plaintiff here was admitted to bail, and on the day fixed by the court he duly appeared with his attorney, ready for trial. On that day the prosecutrix, the defendant in the instant case, did not appear, but her attorney did. When the criminal case was called for trial, the attorney informed the court that the present plaintiff was not the person guilty of the assault and battery upon his client, as she had sworn in her private complaint which was then before the court. The court thereupon dismissed the complaint and discharged the defendant, the present plaintiff.

The plaintiff testified that he had never seen the defendant; that he was not in the city of Warwick at the place where the defendant claimed the alleged assault and battery was committed; and that on the day in question he was working in the city of Cranston. He further testified that, prior to his arrest, he received a letter from a firm of attorneys informing him that they were retained by the defendant "to bring prosecution—for damages" against him because of the alleged assault and battery,

200 A. 991

but that he ignored this letter because he did not know the defendant and had not committed such offense. There was also testimony from the plaintiff tending to show direct damage to him as a result of the criminal case which the defendant had brought against him.

On this state of the evidence, the trial justice granted the defendant's motion for a...

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15 practice notes
  • Johnson v. Palange, No. 77-297-A
    • United States
    • United States State Supreme Court of Rhode Island
    • September 20, 1979
    ...prudent person, could have reasonably believed that the South Kingstown ordinance was being violated. Quinlan v. Breslin, 61 R.I. 327, 330, 200 A. 989, 991 (1938); Accord, Cook v. Lester, 99 R.I. 28, 31, 205 A.2d 143, 145 In pertinent part section 1 of that ordinance makes it "improper cond......
  • Nagy v. McBurney, No. 73-6-A
    • United States
    • United States State Supreme Court of Rhode Island
    • October 11, 1978
    ...a lack of probable cause, DeFusco v. Brophy, 112 R.I. 461, 463 n. 1, 311 A.2d 286, 287 n. 1 (1973); Quinlan v. Breslin, 61 R.I. 327, 331, 200 A. 989, 991 (1938); Beaumier v. Provensal, 58 R.I. 472, 476, 193 A. 521, 522-23 (1937); Prosser, Supra at 855, but may not be drawn from the "mere fa......
  • Miller v. Metropolitan Property and Casualty Ins., C. A. 09-0924
    • United States
    • Superior Court of Rhode Island
    • September 7, 2010
    ...with the accused. . . ." Restatement (Second) Torts § 660, "Indecisive Termination of Proceedings." Cf. Quinal v. Breslin, 61 R.I. 327, 200 A. 989 (R.I. 1938) (dismissal of defendant's complaint against plaintiff for failure to prosecute amounted to a voluntary dismissal of the prosecution ......
  • Miller v. Metropolitan Property and Casualty Ins., C. A. 09-0924
    • United States
    • Superior Court of Rhode Island
    • September 7, 2010
    ...with the accused. . . ." Restatement (Second) Torts § 660, "Indecisive Termination of Proceedings." Cf. Quinal v. Breslin, 61 R.I. 327, 200 A. 989 (R.I. 1938) (dismissal of defendant's complaint against plaintiff for failure to prosecute amounted to a voluntary dismissal of the prosecution ......
  • Request a trial to view additional results
15 cases
  • Johnson v. Palange, No. 77-297-A
    • United States
    • United States State Supreme Court of Rhode Island
    • September 20, 1979
    ...prudent person, could have reasonably believed that the South Kingstown ordinance was being violated. Quinlan v. Breslin, 61 R.I. 327, 330, 200 A. 989, 991 (1938); Accord, Cook v. Lester, 99 R.I. 28, 31, 205 A.2d 143, 145 In pertinent part section 1 of that ordinance makes it "improper cond......
  • Nagy v. McBurney, No. 73-6-A
    • United States
    • United States State Supreme Court of Rhode Island
    • October 11, 1978
    ...a lack of probable cause, DeFusco v. Brophy, 112 R.I. 461, 463 n. 1, 311 A.2d 286, 287 n. 1 (1973); Quinlan v. Breslin, 61 R.I. 327, 331, 200 A. 989, 991 (1938); Beaumier v. Provensal, 58 R.I. 472, 476, 193 A. 521, 522-23 (1937); Prosser, Supra at 855, but may not be drawn from the "mere fa......
  • Miller v. Metropolitan Property and Casualty Ins., C. A. 09-0924
    • United States
    • Superior Court of Rhode Island
    • September 7, 2010
    ...with the accused. . . ." Restatement (Second) Torts § 660, "Indecisive Termination of Proceedings." Cf. Quinal v. Breslin, 61 R.I. 327, 200 A. 989 (R.I. 1938) (dismissal of defendant's complaint against plaintiff for failure to prosecute amounted to a voluntary dismissal of the prosecution ......
  • Miller v. Metropolitan Property and Casualty Ins., C. A. 09-0924
    • United States
    • Superior Court of Rhode Island
    • September 7, 2010
    ...with the accused. . . ." Restatement (Second) Torts § 660, "Indecisive Termination of Proceedings." Cf. Quinal v. Breslin, 61 R.I. 327, 200 A. 989 (R.I. 1938) (dismissal of defendant's complaint against plaintiff for failure to prosecute amounted to a voluntary dismissal of the prosecution ......
  • Request a trial to view additional results

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