Supreme Court of Louisiana, 1976

Jenkins v. City of Alexandria

Supreme Court of Louisiana · Decided March 12, 1976 · Calogero, Grant, Refusal, Tate, Writ

328 So. 2d 105; 1976 La. LEXIS 5435 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Bessard v. Marcello (La. Ct. App. 1985)

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 of the Court

In re: Glenn Jenkins, applying for Cer-tiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Rapides, 324 So.2d 924.

Writ denied. The result is correct.

Dissenting Opinion

TATE, J.,

dissents: The City’s violation of its duty to maintain the visibility of the stop sign was the proximate cause of the accident. As against the city which created the risk, the motorist’s conduct in proceeding into the intersection does not bar his recovery. The trial court’s determination of his freedom from negligence is not manifestly erroneous.

CALOGERO, J., dissents from refusal to grant this writ.

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