Gates v. Union Sawmill Co.

Citations

• 122 La. 437
• 47 So. 761
• 1908 La. LEXIS 481

Syllabus

<p>Malicious Pbosecution (§ 21*) — Pbobable Cause — Advice oe Counsel.</p> <p>Where a sawmill company holding a recorded title to growing timber on a certain tract of land, derived through mesne conveyance from the owner thereof; discovered that third persons were cutting and removing the trees from the premises, and thereupon under advice of counsel caused them to be prosecuted under Act No. 103, p. 156, of 1902, for trespass, and the prosecution was subsequently dismissed because of the death of the only state witness having 'knowledge of the facts, and thereafter one of the accused sued the company for damages for a malicious prosecution, held, that the prosecution was based on probable cause, notwithstanding the fact, of which the company had no knowledge, that the owner of the land had authorized the spoliation of the timber.</p> <p>[Ed. Note. — Por other cases, see Malicious Prosecution, Gent. Dig. §§ 41-44; Dec. Dig. § 21.*]</p> <p>(Syllabus by the Court.)</p>