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Brown v. Selfridge, 224 U.S. 189 (1912)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Brown v. Selfridge, 224 U.S. 189 (1912)
Brown v. Selfridge No. 214 Argued March 14, 1912 Decided April 1, 1912 224 U.S. 189
ERROR TO THE COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA
Syllabus
While, in an action for malicious prosecution, the burden of proving malice and want of probable cause is on the plaintiff, Wheeler v. Nesbitt, 24 How. 544, as the motive and circumstances are best known to the defendant, plaintiff is only required to adduce such proof as is affirmatively under his control, and which he can fairly be expected to be able to produce.
In this case, held that plaintiff did not produce all the testimony within her control and did not sustain the burden even to that extent.
In a suit for malicious prosecution, in the absence of plaintiff’s adducing facts properly expected to be under her control, the question of probable cause in a clear case is one for the court and, in this case, was properly taken from the jury.
34 App.D.C. 242 affirmed.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Brown v. Selfridge, 224 U.S. 189 (1912) in 224 U.S. 189 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=TRKE2P8U6JH4H77.
MLA: U.S. Supreme Court. "Syllabus." Brown v. Selfridge, 224 U.S. 189 (1912), in 224 U.S. 189, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=TRKE2P8U6JH4H77.
Harvard: U.S. Supreme Court, 'Syllabus' in Brown v. Selfridge, 224 U.S. 189 (1912). cited in 1912, 224 U.S. 189. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=TRKE2P8U6JH4H77.
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