Supreme Court of Louisiana, 1974

Lincecum v. Smith

Lincecum v. Smith
Supreme Court of Louisiana · Decided March 8, 1974 · Barham
290 So. 2d 904; 1974 La. LEXIS 3387 (Southern Reporter, Second Series)

Lincecum v. Smith

Opinion of the Court

In re: Deraid Smith, applying for cer-tiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Rapides. 287 So.2d 625.

Writ refused. The result is correct. See Civil Code Article 2315.

Concurring Opinion

BARHAM, J.,

concurs in the denial. Trover and conversion are common law remedies. The civil law of Louisiana does not follow the common law and especially does not follow these common law concepts. Recovery is had for all damage caused by the fault of another under Civil Code Article 2315.

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