Harrington v. Upchurch
Cases that cite this one
12 later published cases cite this decision.
- Roberts v. Colonial Penn Insurance Co. (La. Ct. App. 1985)
- Rozell v. LOUISIANA ANIMAL BREEDERS CO-OP. (La. 1983)
- Buxton v. Corbello (La. Ct. App. 2011)
- Marvin W. Buxton v. William Corbello (La. Ct. App. 2011)
- Terri Louise Smith v. Boise Cascade Corporation (La. Ct. App. 2006)
- Willis v. Cloud (La. Ct. App. 2000)
- Frischhertz Elec. Co. v. Housing Authority of New Orleans (La. Ct. App. 1988)
- Abshire v. Dubois (La. Ct. App. 1982)
- Brooks v. US FID. & GUARANTY CO. (La. Ct. App. 1978)
- Alfonso v. Market Facilities of Houston, Inc. (La. Ct. App. 1978)
- Leger v. Delano Plantation, Inc. (La. Ct. App. 1978)
- Hartford Accident & Indemnity Co. v. Kimball (La. Ct. App. 1976)
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.
Opinion
Ray G. HARRINGTON
v.
J. C. UPCHURCH.
Supreme Court of Louisiana.
Writ denied: Without approving the reasoning of the court of appeal, we find no error in the result. Under the facts shown, the presence of the cow in open-range highway did not create an unreasonable risk of injury to others; therefore, the owner is shown to be exonerated from fault. See Loescher v. Parr, 324 So.2d 441 (La. 1975), Holland v. Buckley, 305 So.2d 113 (La. 1974).
DIXON, J., dissents from denial. Only if it can be said that a cow darting into highway at night is not a "domesticated animal (which) harms another", can the court hold Holland v. Buckley inapplicable to establish the presumption of fault "in the nature of strict liability." No statute or other law gave the owner of the cow the right to permit it to go on the highway, nor excused the owner in any way. If we are to have a "cow law" different from "dog law", we should more adequately explain it.
CALOGERO, J., dissents.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.