# Pilie v. National Food Stores of Louisiana, Inc.

> Supreme Court of Louisiana · November 12, 1963 · 245 La. 276

URL: https://www.frixlaw.com/law-library/cases/9668831

## Case

- **Full name:** Charles S. PILIE Et Al. v. NATIONAL FOOD STORES OF LOUISIANA, INC., Et Al.
- **Court:** Supreme Court of Louisiana
- **Decided:** November 12, 1963
- **Citations:** 245 La. 276; 158 So. 2d 162; 1963 La. LEXIS 2667
- **Precedential status:** Published
- **Opinion:** Dissent by Hamlin
- **Judges:** Hawthorne, Fournet, McCaleb, Hamlin, Sanders
- **Cited by:** 82 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/9668831

## How later opinions describe it (automated extraction)

- stating the doctrine “will not be applied unless the facts and circumstances indicate that the negligence of the defendant ... is the most plausible explanation of the accident.”

## Opinion text

HAMLIN, Justice
(dissenting).
The majority opinion states that each case must be decided on its own facts and circumstances. I agree with this statement.
In the instant case, I am of the view that National should have made a showing that its aisles and premises were regularly policed and inspected for displaced merchandise, and that it therefore used all due diligence to protect its customers from injury. When it failed to show this after plaintiff had adduced the facts as to how she was injured, it should be held liable.
I respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9668831. Public record. Not legal advice.