Massachusetts Supreme Judicial Court June 18, 1874 (Good v. French)

Ames, J.

In this, as in most cases of the kind, the real controversy was upon the question of probable cause. The want of probable cause is a vital and indispensable element in the plaintiff’s case, as to which the burden of proof rests upon him. Whether there was a want of such cause is a question of law upon the facts proved. Kidder v. Parkhurst, 3 Allen, 393.