Vara v. R. M. Quigley Const. Co.

Citations

• 114 La. 261
• 38 So. 162
• 1905 La. LEXIS 451

Syllabus

<p>UNLAWFUL ARREST — ACTS OF EMPLOYES — IMPLIED AUTHORITY — TORTS OF SERVANT.</p> <p>1. In a suit for damages for an unlawful arrest the burden of proof is on plaintiff to show that the defendant caused, instigated, or authorized the proceeding complained of; and where it is shown that such arrest was made at the instance of defendant’s employes the proof must be clear that they had express or implied authority to cause the same to be made.</p> <p>2. An authority to cause the arrest of persons on a charge of violating a labor contract is not implied in the employment of agents or clerks to run a commissary store, and in connection therewith to collect amounts due by laborers to a construction company.</p> <p>3. Under Civ. Code, art. 2320, the responsibility of masters is confined to damages occasioned by their servants in the “exercise of the functions in which they are employed,” and they are not liable for collateral torts committed by servants while attending to the duties of their employment.</p> <p>(Syllabus by the Court.)</p>