Supreme Court of Louisiana, 1975

Alexander v. St. Paul Fire & Marine Insurance Co.

Alexander v. St. Paul Fire & Marine Insurance Co.
Supreme Court of Louisiana · Decided June 23, 1975 · Calogero, From, Tate, Writ
313 So. 2d 846; 1975 La. LEXIS 4864 (Southern Reporter, Second Series)

Alexander v. St. Paul Fire & Marine Insurance Co.

Opinion of the Court

In re: Alton W. Alexander applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of Tangi-pahoa. 312 So.2d 139.

Writ denied. On the facts found, the result is correct.

Dissenting Opinion

TATE, J.,

dissents. In my opinion, the trial court’s evaluation of testimony should not be disturbed in the absence of manifest error. Further, the discussion of res ipsa loquitur’s application or not, insofar as depending on exclusive control, is inconsistent with the later jurisprudence.

CALOGERO, J., dissents from denial of writ.

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