Supreme Court of Louisiana, 1975

Entry Insurance v. Arkla Tex Auto Auction, Inc.

Entry Insurance v. Arkla Tex Auto Auction, Inc.
Supreme Court of Louisiana · Decided January 31, 1975 · Barham, Dixon, From, Grant, Marcus, Refusal, Writ
307 So. 2d 371; 1975 La. LEXIS 3841 (Southern Reporter, Second Series)

Entry Insurance v. Arkla Tex Auto Auction, Inc.

Concurring Opinion

BARHAM, J.,

concurs. I agree that relator is a compensated depositary. The facts related in the opinion show no departure from use of “the same diligence in preserving the deposit that he uses in preserving his own.” Nevertheless I accept the Court of Appeal’s statement that in the full evidence relator “failed to establish its freedom from fault.”

Dissenting Opinion

DIXON, J.,

dissents from the refusal, believing the burden placed on the depositary exceeds ordinary diligence.

MARCUS, J., dissents from the refusal to grant the writ.

Opinion of the Court

In re: Arkla Tex. Auto Auction, Inc. applying for Certiorari, or writ of review, to the Court of Appeal, Second Circuit, Parish of Caddo. 303 So.2d 516.

Writ denied. On the facts found by the Court of Appeal, there is no error of law in the judgment.

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