Morgan v. Illinois Cent. R.

Citations

• 117 La. 671
• 42 So. 216
• 1906 La. LEXIS 750

Syllabus

<p>1. Malicious Prosecution — Damages.</p> <p>Plaintiff’s suit is directed against the defendant corporation for damages. Malicious prosecution is his charge against the defendant.</p> <p>2. Same — Want of Malice.</p> <p>Without malice and without gross negligence, rhe prosee’ lion complained of by plaintiff was instituted by the state.</p> <p>3. Same — Probable Cause — Confessions.</p> <p>There had been confessions made by persons accused, implicating plaintiff. Some of the goods were found in the possession of the accused. The confessions implicated plaintiff and justified the defendant in bringing the matter to the attention of the authorities and in assisting in prosecuting the offenders.</p> <p>TEd. Note. — Eor cases in point, see Cent. Dig. vol. 33, Malicious Prosecution, §§ 28-31, 33.]</p> <p>4. Same — Abandonment of Prosecution Not Ground Sufficient.</p> <p>The prosecution against plaintiff was abandoned. Defendant did not, because of the abandonment, become liable in damages as there was probable cause.</p> <p>[Ed. Note. — Eor cases in point, see Cent. Dig. vol. 33, Malicious Prosecution, §§ 49, 51.]</p> <p>(Syllabus by the Court.)</p>