Supreme Court of Louisiana, 1972

Dever v. Employers Liability Assurance Corp.

Supreme Court of Louisiana · Decided November 16, 1972 · Barham, Granting, Reasons, Tate, Writ

263 La. 362; 268 So. 2d 256; 1972 La. LEXIS 5258

Cases that cite this one

1 later published case cites this decision.

Cooksey v. Central Louisiana Electric Company, Inc. (La. Ct. App. 1973)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Application denied. On the facts' found by the Court of Appeal, there is ño error in the judgment complained of.

BARHAM, J.

is of the opinion the writ should be granted, believing there was a statutory violation by defendants of R.S. 40:1672 & 40:1682 which was a cause in fact of the injury. Defendants owed a duty to plaintiff which encompassed the risk which gave rise to the injury. They are liable under Civil Code Art. 2315.

TATE, J., concurs in BARHAM, J.’s reasons for granting the writ.

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