# Day v. National US Radiator Corporation

> Supreme Court of Louisiana · March 20, 1961 · 241 La. 288

URL: https://www.frixlaw.com/law-library/cases/9859236

## Case

- **Full name:** Mrs. Cecelia LeBlanc DAY, Individually and as Natural Tutrix, Etc. v. NATIONAL U. S. RADIATOR CORPORATION Et Al.
- **Court:** Supreme Court of Louisiana
- **Decided:** March 20, 1961
- **Citations:** 241 La. 288; 128 So. 2d 660; 1961 La. LEXIS 564
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Hawtpiorne, McCaleb
- **Cited by:** 90 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/9859236

## How later opinions describe it (automated extraction)

- observing “the primary object of this provision was to impose the duty on the architects to ensure to the owner that before final acceptance of the work, the building would be completed in accordance with the plans and specifications; and to ensure this result the architects w…

## Opinion text

On Application for Rehearing
PER CURIAM.
On application for rehearing, the plaintiff strenuously urges that the holding in the instant case is in conflict with our decision in Marine Insurance Company v. Strecker, 234 La. 522 , 100 So.2d 493 , because of our failure to properly apply Article 2315 of the LSA-Civil Code. There-is no conflict in these cases. The Court has given the basic codal article full and painstaking consideration. Both the breach of a. legal duty to the deceased and proximate causation are prerequisites for liability under the article. We have been unable to-find a breach of such a duty by the architects or any fault on their part which was the proximate cause of the tragic accident.. Hence the architects are not liable.
The rehearing is refused.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9859236. Public record. Not legal advice.