Supreme Court of Louisiana, 1975

Caillier v. Texas & Pacific Railway Co.

Caillier v. Texas & Pacific Railway Co.
Supreme Court of Louisiana · Decided February 7, 1975 · Barham
307 So. 2d 628; 1975 La. LEXIS 3802 (Southern Reporter, Second Series)

Caillier v. Texas & Pacific Railway Co.

Dissenting Opinion

BARHAM, J.,

is of the opinion the writ should be granted. The relator argued to the Court of Appeal that the award for the “eight station oven” was based on hearsay testimony. Two quotations of cost given to respondent by mail were the only evidence offered of the cost awarded in the amount of $5,990.00. The Court of Appeal did not answer relator’s argument for it could not. The award was based upon totally inadmissible evidence.

Opinion of the Court

In re: The Texas and Pacific Railway Co., applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of Ascension, 303 So.2d 871.

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

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