Barber v. Books, Etc., Inc.

Supreme Court of Louisiana
Barber v. Books, Etc., Inc., 320 So. 2d 559 (La. 1975)
Tate

Barber v. Books, Etc., Inc.

Opinion of the Court

In re: Charles W. Barber, Eldon Harvey, III, Mary Lou Shoppe, Inc. and American Employers Ins. Co., applying for cer-tiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 316 So.2d 154.

Writ denied. There is no error of law and result is correct.

Concurring Opinion

TATE, J.,

concurs: I can concur because the Court of Appeal judgment can be construed as holding that, more probably than not, the cause of the fire was the act of third persons (the children) and not any fault of the land-occupier. Therefore, we do not reach the issue of the liability to the neighbor for damages resulting from a fire which starts on one’s land and spreads to his neighbor’s. See Civil Code Arts. 667 ff, 2315, 2317.

Reference

Full Case Name
Charles W. BARBER v. BOOKS, ETC., INC. and Abraham Krushevski AMERICAN EMPLOYERS INS. CO. v. Abraham KRUSHEVSKI and Books, Etc., Inc.
Cited By
1 case
Status
Published