Lange v. Illinois Central Railroad
Citations
- 107 La. 687
Syllabus
<p>Syllabus.</p> <p>1. It is a general rule that a person who by his fault causes damages to another, whether by his act, or by his negligence, his imprudence or want of skill. Is obliged to repair it.</p> <p>2. Citizens are protected by the Constitution from warrants of arrest for crime issued against them, without probable cause, and they are entitled to recover damages from parties causing such warrants to issue. It is not necessary for such recovery that the arrest should have been actuated by malice, in the sense of personal ill-will towards, or desire to injure the party ’charged. The absence of such malice only affects the character and quantum of damages.</p> <p>3. Advice of counsel in certain cases under certain circumstances gives a qualified protection to their clients in cases of torts, but not to the extent'of enabling them to escape liability, though client and counsel are negligent or indifferent to consequences.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “This change has no real impact, as courts considering the term ‘based upon’ interpreted it to mean ‘substantially the same.’”
- “Relator entirely fails to distinguish between Defendants.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Nicholls
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.