Louisiana Court of Appeal, 1977

Wyatt v. Red Ball Motor Freight, Inc.

Wyatt v. Red Ball Motor Freight, Inc.
Louisiana Court of Appeal · Decided February 14, 1977 · Assigns, Bolin, Hall, Marvin, Reasons
343 So. 2d 324; 1977 La. App. LEXIS 3600 (Southern Reporter, Second Series)

Wyatt v. Red Ball Motor Freight, Inc.

Opinion of the Court

MARVIN, Judge.

This case presents similar facts and is against the same defendant as in Home Furniture and Appliance v. Red Ball Motor Freight, Inc., 343 So.2d 319 (La.App.2d Cir. 1977), rendered this date.

Red Ball received the crated goods and signed a clean bill of lading in Shreveport. From Shreveport, the goods were delivered to Monroe, and eventually to the plaintiff consignee in Jonesboro. Subsequent to delivery and uncrating, damage to the goods and minor damage to the carton were discovered. The driver’s testimony was essentially the same as in Home Furniture and Appliance v. Red Ball Motor Freight, Inc., supra. For reasons there assigned, and at appellant’s cost, judgment is

AFFIRMED.

HALL, J., dissents and assigns written reasons.

Dissenting Opinion

HALL, Judge,

dissenting.

I respectfully dissent for the reasons stated in my dissent in Home Furniture and Appliance v. Red Ball Motor Freight, Inc., 343 So.2d 319 (La.App.2d Cir. 1977), decided the same day as this case.

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