William R. Day,
Brown v. Selfridge — Opinion of the Court
“ While it is true that the want of probable cause is required to be shown by the plaintiff, and the burden of proof is upon her in this respect, such proof must necessarily be of a negative character, and concerning facts which are principally within the knowledge of the defendant. ”
William R. Day,
Brown v. Selfridge — Opinion of the Court
“ Golding v. Crowle, Sayer, 1; Farmer v. Darling, 4 Burr. 1974; 1 Hilliard, Torts, 460.'It is true, as before remarked, that want of probable cause is evidence of malice for the consideration of the jury; but the converse of the proposition cannot be sustained. ”
