Supreme Court of Louisiana, 1975

Roberts v. Winston Carriers, Inc.

Supreme Court of Louisiana · Decided March 7, 1975 · Barham, Calogero, Dixon, From, Tate

309 So. 2d 341; 1975 La. LEXIS 5137 (Southern Reporter, Second Series)

Cases that cite this one

5 later published cases cite this decision.

Dill v. DEPT. OF TRANSP. & DEV. (La. Ct. App. 1988)
Lognion v. Calcasieu Parish Police Jury (La. Ct. App. 1987)
Rachal v. STATE, DEPT. OF TRANSP. & DEV. (La. Ct. App. 1987)
Rachal v. State, Department of Transportation & Development (La. Ct. App. 1987)
Myers v. State Farm Mut. Auto. Ins. Co. (La. Ct. App. 1986)

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.

Concurring Opinion

BARHAM, J.,

concurs. If the dissenters would consider application of C.C. art. 2323, I would vote to bring up this writ. Plaintiff could recover a portion of his damage. However, they wish to apply contributory negligence and I must conclude that Plaintiff was contributorily negligent.

. TATE, DIXON and CALOGERO, JJ., dissent from the denial.

Opinion of the Court

In re: Mrs. Ola Sparks Roberts, administratrix of the Succession of Oliver S. Roberts applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Natchitoches. 304 So.2d 818.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.