In Miller v. Fano (1901) 134 Cal. 103, defendant was in the business of buying and selling railroad tickets. Someone sold defendant a stolen ticket; defendant subsequently identified the wrong man to the police. The court held that defendant could not be liable for the mistaken identification where the evidence showed that defendant "certainly believed plaintiff to be a man who had sold him a railroad ticket." ( Id. at p. 106.) Nevertheless, the court noted as follows: "No doubt, if a person should wilfully identify the wrong man as being the criminal, for the purpose of having him arrested and prosecuted, and on such identification he should be arrested, such person would aid and assist in the arrest." ( Id. at p. 107.)