Nickerson v. Allen Bros. & Wadley, Ltd.
Citations
- 110 La. 194
- 34 So. 410
- 1903 La. LEXIS 607
Syllabus
<p>TRESPASS — EVIDENCE—DAMAGES.</p> <p>1. Where, in the matter of an offer, in writing, to sell the timber on a certain tract of land, there is nothing in the situation of the parties or in the terms of the offer to justify the assumption that the party to whom the offer is made is to have any unusual delay within which to accept it, and he does not accept it at all, but, after more than two years, without notice to the owner, enters upon the land, constructs rail and tram ways, and cuts and removes the timber, he is a mere trespasser, the illegality of whose proceedings is accentuated by his persistence therein after notice to desist, and he should be held liable for a full measure of actual and for exemplary damages.</p> <p>(Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that plaintiff had alleged sufficient facts to support the inference of an official policy for purposes of the Accardi principle
- finding the second Bennett prong met where the defendants’ execution of a policy had imposed “tangible legal consequences” on the plaintiffs based on their assertion that their Fourth Amendment rights were violated
- finding finality where execution of a policy resulted in Fourth Amendment 18 violations
- “[W]hen reviewing a complaint on a motion to dismiss for failure to state a claim, the court must accept as true all allegations of fact in the complaint and draw all reasonable inferences in favor of [the non-moving party].”
- “[W]hen reviewing a complaint on a motion to dismiss for failure to state a claim, the court must accept as true all allegations of fact in the complaint and draw all reasonable inferences in favor of [the non-moving party].”
- “[W]hen reviewing a complaint on a motion to dismiss for failure to state a claim, the court must accept as true all allegations of fact in the complaint and draw all reasonable inferences in favor of [the non-moving party].”
Source: CourtListener parenthetical corpus (CC0).
Judges: Monroe
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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