Distinguished
Distinguished by Herrin v. Perry, 1968 La. App. LEXIS 4627 (1968)
Hence, the state argues that Hamilton v. City of Shreveport, supra, is distinguishable and should not control in the present case against the Department of Highways.
The opinion
ON APPLICATION FOR REHEARING
PER CURIAM.
We find no merit in applicant’s contention that we erred in holding that the City of Shreveport is not immune from liability in view of Article 3, Section 35 of the Constitution, as amended by Act 621 of 1960. Hence, the application for a rehearing is refused.
However, since the writ of review granted herein was limited to a consideration of the specific question of governmental immunity from liability, the judgment rendered by us, insofar as it affirmed the decree of the trial court, inadvertently disposed of issues on the merits which were neither presented nor discussed here. Accordingly, we herewith correct our decree of March 29, 1965 to read as follows:
For the reasons assigned, the judgment of the Court of Appeal, Second Circuit, is reversed and the case is remanded to that court for further proceedings in accordance with law and consistent with the views herein expressed.
HAMITER, J., is recused.