Loe v. Whitman’s Empirical Analysis

Citation profile

8 state decisions

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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It must be recognized, of course, that there is no personal liability on the individual acting strictly pursuant to his public duties when that act is in good faith and without malice, for in such instances the action of the individual becomes merged in the official act. See: Monnier v. Godbold, 1906, 116 La. 165 , 40 So. 604 , 5 L.R.A., N.S., 463; Tucker v. Edwards, 1948, 214 La. 560 , 38 So.2d 241 . Strahan v. Fussell, 1951, 218 La. 682 , 50 So.2d 805 . On the other hand when the defendant acts outside of his strict authority he breaches the condition of his immunity and is liable to a civil action for damages to persons harmed by his improper conduct. Harper on Torts, sec. 298, p. 668; 2 Shearman and Redfield on Negligence (Rev’d. Ed.), sec. 323, p. 792 ; 2 Elliott on Roads and Streets (4th Ed.), sec. 858, p. 1120; see also David, The Tort Liability of Public Officers, 12 So.Cal.L.Rev. 127, 151; Thibodaux v. Town of Thibodaux, 46 La.Ann. 1528 , 16 So. 450 ; Lecourt v. Gaster, 50 La.Ann. 521 , 23 So. 463 ; Tucker v. Edwards, supra; Anders v. McConnell, La.App., 31 So. 2d 237 ; Strahan v. Fussell, 1951, supra.””

   2 later decisions quote this exact passage
   e.g. Guilbeau v. Tate · Loe v. Whitman

2. ““The Constitution of Louisiana, Article VII, § 28, LSA, provides the cost of appeal in any case appealed to this court shall not exceed $5.00. LSA-R.S. 13:356 authorizes the deposit of $5.00 so paid to be apportioned and disbursed by the clerk as directed and prescribed by the judges. Predicated upon the foregoing authority, this court adopted and promulgated in its rules Rule No. 3, which prohibits the filing by the clerk of any case until a deposit of $5.00 has been made. Except in instances where the appellant is favored by statute with an exemption from the payment of such costs, the clerk is accordingly prohibited from filing the record without the payment of the filing fee. Where an appellant has deliberately refused or failed to pay the filing fee required by the Constitution and statutes of this state and the rules of this court, the appeal must be dismissed.””

   1 later decision quote this exact passage
   e.g. Thompson v. Madden

3. “Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.”

   1 later decision quote this exact passage
   e.g. 529 So. 2d 27 - Akins v. Jefferson Parish