Opinion

Brown v. Fulton Insurance Co.

  • 211 So. 2d 412
  • 1968 La. App. LEXIS 4834
Court
Louisiana Court of Appeal
Filed
Jun 4, 1968
Status
Published
Author
Lear
On the bench
Frugé, Hood, Lear
Cited by
7 cases

The opinion

LEAR, Judge

(dissenting).

Mr. Drew Guillory, a man who had a working agreement with Mr. Olivier, testified that the situation and nature of the tree were readily apparent from the gravel road which passed Olivier’s pasture and which was used for inspection of the fences and gates. Foreseeability is a test of negligence. I feel that a reasonably prudent man could have and should have foreseen the collapse of this dead tree across the fence, destroying its usefulness as a barrier to the well-known peripatetic propensities of cattle.

I respectfully dissent.

On Application for Rehearing.

En Banc. Rehearing denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.