# Brown v. Fulton Insurance Co.

> Louisiana Court of Appeal · June 4, 1968 · 211 So. 2d 412

URL: https://www.frixlaw.com/law-library/cases/7427865

## Case

- **Full name:** Isom BROWN and Marie Ida Brown v. The FULTON INSURANCE COMPANY
- **Court:** Louisiana Court of Appeal
- **Decided:** June 4, 1968
- **Citations:** 211 So. 2d 412; 1968 La. App. LEXIS 4834
- **Precedential status:** Published
- **Opinion:** Dissent by Lear
- **Judges:** Frugé, Hood, Lear
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7427865

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7427865. Public record. Not legal advice.