U.S. Supreme Court
Brown v. Selfridge, 224 U.S. 189 (1912)
Brown v. Selfridge
Argued March 14, 1912
Decided April 1, 1912
224 U.S. 189
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.