And in Somerville v. Hawkins (1851), 10 C.B. 583 at p. 590, 138 E.R. 231, we find the following proposition stated: “It is certainly not necessary, in order to enable the plaintiff to have the question of malice submitted to the jury, that the evidence should be such as necessarily leads to the conclusion that malice existed, or that it should be inconsistent with the non-existence of malice; but it is necessary that the evidence should raise a probability of malice, and be more consistent with its existence than with its non-existence.”
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