# Langlois v. Allied Chemical Corporation

> Supreme Court of Louisiana · June 7, 1971 · 258 La. 1067

URL: https://www.frixlaw.com/law-library/cases/9686405

## Case

- **Full name:** Emmanuel J. LANGLOIS v. ALLIED CHEMICAL CORPORATION and the Travelers Insurance Company
- **Court:** Supreme Court of Louisiana
- **Decided:** June 7, 1971
- **Citations:** 258 La. 1067; 249 So. 2d 133; 1971 La. LEXIS 4228
- **Precedential status:** Published
- **Opinion:** Concurrence by McCALEB
- **Judges:** Barham, McCaleb, Hamlin, Summers
- **Cited by:** 276 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Superseded by statute, as recognized in Murray v. Ramada Inns, Inc..
- Negative treatments: 1
- Distinguished by: 1
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9686405

## Opinion text

McCALEB, Chief Justice
(concurring).
This case, in my opinion, is cognizable only under Articles 2315, 2316 and 2317 of the Civil Code, and I entertain no doubt that Allied Chemical Corporation was negligent in permitting the escape of noxious gas from its premises. Hence, the only question for determination is whether plaintiff, by reason of his employment as a fireman, assumed the risk of the harm he encountered and, if not, whether he was guilty of contributory negligence in not using the protective devices available to him. I think the plea of assumption of risk is clearly untenable for the reasons shown in the majority opinion. I am also of the opinion that the facts of this case do not warrant a finding that plaintiff was guilty of contributory negligence.
For these reasons I concur in the result.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9686405. Public record. Not legal advice.