Modica v. Employers Casualty Co.
Modica v. Employers Casualty Co.
Opinion of the Court
This suit was instituted by Anthony Módica, the owner of a brick building in Bossier City, La., fronting on U. S. Highway 71, housing two stores and a residence in rear, for alleged damage to the structure in the month of September, 1953, when (according to the allegations of the petition) the defendant Triangle Pipeline Company, in order to facilitate the placing of a pipeline across and under the roadbed of U. S. Highway 71 at its intersection with a cross street named Anthony Street — the
A plea of prescription liberandi causa of one year, under Civil Code Article 3536,
The trial judge, in maintaining the exception of no right of action and dismissing plaintiff’s suit, found as a fact that the evidence in the record failed to establish with that degree of certainty required by law that the defendant Pipeline Company was liable for the damaged condition of plaintiff’s building, observing that there had been no evidence which could form the basis for a judgment against defendants.
Counsel for plaintiff argues in brief that the evidence adduced proves that in the year 1953 the work of driving a pipeline
After reading the evidence we agree with the trial judge’s conclusion that the plaintiff has failed to bear the burden of establishing the defendant’s responsibility for the damages plaintiff has sustained. It necessarily follows, therefore, that whether his cause be founded in tort or on Article 667 of the Civil Code is immaterial.
The plaintiff, relying on certain Court of Appeal decisions holding in effect that proof of ownership of a motor vehicle at fault in an accident creates an inference of responsibility on the owner, argues that he has made a prima facie case here since the evidence shows that vehicles and equipment marked “Triangle Pipeline Company” were on the scene where the work was being performed and assisted in the operations; and in as much as the defendant has not rebutted this presumption, he, the plaintiff, is entitled to recover. The fallacy of this argument lies in the failure of plaintiff to establish the fault of the vehicle or the owner, according to the findings of the trial judge — with which we are in accord.
The conclusion reached on the merits makes it unnecessary to discuss the plea of prescription reurged here by defendants.
For the reasons assigned, the judgment appealed from, -in so far as it dismisses the plaintiff’s suit, is affirmed.
. Article 3536, Louisiana Civil Code, declares: “The following actions are also prescribed by one year: That for * * damages * * * resulting from offenses or quasi offenses. * * * ” Article 3537 provides that “The prescription mentioned in the preceding article runs: * * * from the day * * * on which the injurious * * * disturbance or damage were sustained. * * * ”
. “Although a proprietor may do with his ' estate whatever he pleases, still he can not make any work on it which may deprive his neighbor of the liberty of enjoying his own, or which may be the cause of any damage to him.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.