Pessagno v. Keyes

Offutt, J., delivered the opinion of the Court. The only exception, presented by the record in this case relates to the rulings of the trial court on the prayers. The facts are simple and few and may be briefly stated: On the night of December 8th, 1920, Lawrence J. Keyes, then employed as a cab driver by the Yellow Taxicab Company, received a call to go to the Ensor Cafe, 601 Ensor Street, Baltimore. "When he arrived there in answer to the call he was met by Ethel Blum, who requested him to go to Micklleburg, íxear Middle River iix Baltimore County.

As they were going there they found an automobile belonging to the appellant, Anthony Pessagno, “ditched.” Pessagno1 lived ⁴³⁹ in Baltimore Oity and. had. an interest in the Ensor Cafe, and also owned a, number of “shoresi,” waterfront lots improved by dwelling’s, near Middle itiver, which he rented. On the occasion referred to above he w'as returning from a visit to these shores where he had gone to collect the rents when he drove his car into a ditch. He then tried to ask his wife over the telephone to come down for him in a cab. He was not able to reach his wife and the message was received by a Miss Blum who was formerly employed hy Mm aud knew him very well.

When she received the message .she said, “'Maybe Tony is hurt, I will go, T will get a taxi and go down myself.” She then called for a taxi and when Keyes came in response to the call she went with him to Pessagno. When they reached Pessagno’s car he told them to go to Bennett’s shore about a mile away and wait for him. He joined them there later and there they remained for several hours. Keyes then .at Pessagno’s order drove them to the Ensor Cafe.

Keyes was on the front seat and Pessagno and Miss Blum were on the rear seat. When they reached there. Pessagno gave Keyes a tom ten dollar bill and a five dollar bill in payment of the cab fare. A few minutes later he cried out, “I have been rolled for1 five hundred dollars.

Hold this man and woman.” A policeman was then sent, for and when he came P’essagno demanded that Keyes and the woman be searched. The policeman refused to search them there hut took them to the Northwestern Police Station where Pessagno laid a charge of larceny against them. They were then searched and no money of the defendant was found on either of them; except the money he had paid Keyes, for the hire of the cab. Keyes was’ then locked up iu a cell for the night.

The next morning Pessagno came to the station house and told the police magistrate “it was. all a mistake', that he had been drinking, and he did not want to prosecute anybody.” Keyes was thereupon discharged. Pessagno in the course of his testimony said he never had accused either Keyes or Miss Blum of taking Ms money, ⁴⁴⁰ that he knew the girl was honest and that Keyes could not have taken it because he was not on the seat with him. He denied that he had ever charged Keyes with the theft or prosecuted him. After his release Keyes, through his attorney, demanded that Pessagjm compensate him for the injury done him as a result of the charge brought against him by Pessagno and, upon his refusal to.comply with that demand, Keyes brought this action in the Baltimore City Court.

The trial resulted in a verdict for the plaintiff from which the defendant has. appealed. At the conclusion of the testimony in the trial below the plaintiff offered two prayers which were granted and the defendant five, of which two were refused and the others granted. In dealing with these prayers we will treat the facts to which we have referred as established. It is. true the defendant denies many of them, hut since we are passing upon a demurrer to the evidence we must disregard that conflict and accept as: true any relevant and material evidence! found in the record which supports the plaintiff’s claim, and we have so dealt with it in stating the