Legal Opinion

García Calderón v. Galiñanes Hermanos, Inc.

Supreme Court of Puerto Rico

Decided August 15, 1961No. 12191Published

1Opinion of the CourtJustice Blanco Lugo

In Rodríguez v. Waterman Dock Co., 78 P.R.R. 702, 705 (1955), we said that one of the essential elements of an action for damages for false imprisonment1 is that the restraint of the plaintiff’s freedom shall have been the result of the acts of the defendant advising, inducing, instigating, or requesting the filing of proceedings which will cause the privation of such freedom. The fact alone of furnishing information to a public-peace officer — judge, district, attorney, or policeman— on certain facts does not constitute, by itself, the instigation which is essential as an element of the…

2Cases cited6 opinions

  1. Hughes v. OrebCalifornia Supreme Court · 1951
  2. Gogue v. MacDonaldCalifornia Supreme Court · 1950
  3. Peterson v. RobisonCalifornia Supreme Court · 1954
  4. J. C. Penney Co. v. ReynoldsCourt of Appeals of Texas · 1959
  5. Talcott v. National Exhibition Co.Appellate Division of the Supreme Court of the State of New York · 1911

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