Lister V. Perry Man in Europe
Definition of Lister V. Perry Man
((1870), L. R. 4 H. L. 531). In actions for false imprisonment and malicious prosecution, the question of reasonable cause is a question for the Judge to determine on facts found by the jury.
The appellant was the owner of a rifle in charge of his coachman H.
The respondent saw it, said he would like a similar one, and later the gun was missed. H reported to the appellant that R had seen the rifle in the respondent’s barn and had remarked upon it. H had gone to the barn and been shown a gun which was not the appellant’s. The appellant prosecuted the respondent for stealing the gun, and he was acquitted. The respondent then sued the appellant for malicious prosecution. The Judge directed the jury that if they found that the appellant had not communicated with R before prosecuting, they were to find for the plaintiff, which the jury did. Held, the Judge had misdirected the jury. The question of reasonable cause is for the Judge
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Definition of Lister V. Perry Man is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.
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