Supreme Court of Louisiana, 1976

Sahuque Realty Co. v. Employers Commercial Union Insurance Co. of America

Sahuque Realty Co. v. Employers Commercial Union Insurance Co. of America
Supreme Court of Louisiana · Decided April 30, 1976 · Dixon
330 So. 2d 617 (Southern Reporter, Second Series)

Sahuque Realty Co. v. Employers Commercial Union Insurance Co. of America

Opinion of the Court

In re: New Orleans Public Service, Inc. and Wallace C. Drennan, Inc. applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans, 327 So.2d 563.

Writ denied. The result is correct.

Concurring Opinion

DIXON, J.,

CONCURS in the denial, and is of the opinion that contribution from the city is not available because its obligation in solido with NOPSI is imperfect, the city being only secondarily liable; therefore, although plaintiff might have recovered from both, those principally liable could not enforce contribution from the city. Indeed, if cast, the city would have a right of contribution or indemnity. C.C. 2106; Cline v. Crescent City Rr., 41 La. Ann. 1031, 6 So. 851; Bewley v. Maryland, La., 285 So.2d 216.

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