2 Years Transportation Progress Volume 51 download PDF, EPUB, Kindle

2 Years Transportation Progress Volume 51 download PDF, EPUB, Kindle

2 Years Transportation Progress Volume 51.cNew York Supreme Court

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Author: New York Supreme Court
Page Count: 638 pages
Published Date: 05 May 2014
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
Format: Pdf
ISBN: 9781234972967
File Name: 2.Years.Transportation.Progress.Volume.51.pdf
Download Link: 2 Years Transportation Progress Volume 51
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ... and 85 New York State Reporter. said board of trustees, and reiterated the false and malicious charge contained in said complaint theretofore made by him before said justice," and that "the charges brought before the said board of trustees terminated favorably to said chief of police and to this plaintiff, by the unanimous act of said trustees in dismissing all of said charges." This was all put in issue by the denials of the defendant, who declares that, "as to all the remaining allegations of the complaint, the defendant denies having any knowledge, or information sufficient to form a belief." In this class of actions it is necessary to establish, not only that there was no probable cause for instituting the proceeding which is charged as malicious, but that the defendant was malicious; and it is competent to set up matters which, while not in themselves sufficient to constitute a complete cause of action for malicious prosecution, are yet intended to show the malice by which the defendant was actuated in bringing the original action complained of. The plaintiff having set up the fact of the proceeding ag-ainst the chief of police, on "a pretended charge," because of his failure to arrest the plaintiff, and of the termination of this proceeding favorably alike to the plaintiff and the chief of police, it was competent for the plaintiff to introduce testimony showing the facts, not as related to that part of the action which deals with the question of lack of probable cause, but as bearing upon the question of malice. The witness upon the stand, and who gave the testimony to which objection is made, was the chief of police. lie testified, under the objection of the defendant, that the proceeding resulted in his acquittal. The defendant...

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