Andrepont v. Ochsner’s Empirical Analysis
1955
Citation profile
3 federal appellate · 26 state decisions
How this case has been cited
Cited by 30 later decisions — most recently April 1983 · most notably Martin v. Mud Supply Company (1960), 314 So. 2d 350 - Trahan v. Liberty Mutual Insurance Company (1975)
3 federal appellate · 26 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Meyer v. St. Paul-Mercury Indemnity Co. · Lykiardopoulo v. New Orleans & C. R., Light & Power · National Park Bank v. Concordia Land & Timber Co. · Jackson v. American Employers' Ins. Co. · Hopkins v. New Orleans Railway & Light Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Thus it appears that all of the cases seem to be based on the theory that the knowledge of the demand, its origin, and basis, are imparted to the defendant even though the original suit was brought against the wrong defendant or against the defendant in an improper capacity, and even when brought by an improper plaintiff. So long as the proper person has been apprised of the demand in any legal capacity, prescription is interrupted." 84 So.2d 68 .”
5 later decisions quote this exact passage“"Our courts have adopted a liberal attitude free from the fatalities of technicalities in cases involving analogous situations. Where a defendant is sued in a representative capacity, such as receiver of an insolvent corporation, or administrator of a succession, and is later sued in his individual capacity on the same cause of action, the first suit has been held to interrupt prescription running on the demand. Succession of Saunders, 37 La.Ann. 769 ; Vernon v. Illinois Cent. R. Co., 154 La. 370 , 97 So. 493 ; Anding v. Texas & P. Ry. Co., 158 La. 412 , 104 So. 190 ; Warn v. Mexican Petroleum Corporation, 6 La. App. 55 ; Calamia v. Mayer, La.App., 174 So. 668 . It makes no difference that the plaintiff has no right to bring the action. Flower v. O'Connor, 17 La. 213 ; Bell v. Mix, 1 Rob. 393 ; Blanc v. Dupre, 36 La.App. 847 ; Becnel v. Waguespack, 40 La.Ann. 109 ; Boyd v. Heine, 41 La.Ann. 393 , 6 So. 714 ; Wolf & Sons v. New Orleans Tailor-made Pants Co., 110 La. 427 , 34 So. 590 ; Ray v. Liberty Industrial Life Ins. Co., La.App., 180 So. 855 ." (Emphasis added)”
2 later decisions quote this exact passage“"Due to the peculiar circumstances which exist in the case, which bear closeness in resemblance to those existing in many of the cited cases, we think that suit having been brought within the year against Dr. Ochsner had the legal effect of interrupting the one-year prescription as against Alton Ochsner Medical Foundation and its insurer, Aetna Casualty & Surety Co., followed by a suspension of prescription against both during the pendency of the suit."”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.