# Dane v. Canal Insurance Company

> Supreme Court of Louisiana · December 12, 1960 · 240 La. 1038

URL: https://www.frixlaw.com/law-library/cases/9672324

## Case

- **Full name:** Mrs. Martha DANE v. CANAL INSURANCE COMPANY Et Al.
- **Court:** Supreme Court of Louisiana
- **Decided:** December 12, 1960
- **Citations:** 240 La. 1038; 126 So. 2d 355; 1960 La. LEXIS 1092
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Hamiter
- **Cited by:** 34 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/9672324

## Opinion text

On Application for Rehearing
PER CURIAM.
In the application for rehearing filed in this cause, our attention has been directed to a statement made in the original opinion that the highway was bordered by “a rather deep ditch.” It is strenuously urged that this is an erroneous statement of fact.
This statement in the opinion was made en passant, and the depth of the ditch was of no great importance to our decision. However, we deem it necessary to state that upon reconsideration of the photographs introduced and the testimony elicited, it is our conclusion that the ditch is not necessarily a deep one, although there is a decided downward slope away from the shoulder of the highway. This fact in no way changes the application of the sudden emergency doctrine.
The application for rehearing is denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9672324. Public record. Not legal advice.