Fred W. Brandt v. The Pennsylvania Railroad Company

LINDLEY, Circuit Judge .

(concurring).

I agree that the judgment must be reversed, but I would go further. The record, in my opinion, discloses complete failure on the part of plaintiff to prove lack of probable cause1 on defendant’s part.. Rather, the evidence, even that of •plaintiff, is convincing that defendant had more than probable cause to believe that plaintiff had participated in the theft. I would not only vacate the judgment, I would direct the district court to enter judgment for defendant.