Supreme Court of Louisiana, 1970

Herbert v. Travelers Indemnity Co.

Supreme Court of Louisiana · Decided November 25, 1970 · Cases, Contrary, Law, Lemaire, Quantum, Reduction, Rule, Service, Spirit, Summers

256 La. 1151; 241 So. 2d 253; 1970 La. LEXIS 3454

Opinion of the Court

Writ refused. On the facts found by the Court of Appeal the result is correct.

SUMMERS, Justice, is of the opinion the reduction of quantum is contrary to the rule of Gaspard v. LeMaire, 245 La. 239, 158 So.2d 149 (1963) and the cases which have applied that rule. Although paying lip service to that rule of law, the Court of Appeal has violated its spirit.

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