Case law

State v. Motton

395 So. 2d 1337 · Supreme Court of Louisiana · Mar 2, 1981

the wounds, and to establish the identity of the victim. … The defense now asserts that the question was improper as the witness was not qualified to give an opinion on the matter in question.

State v. Rones

223 La. 839 · Supreme Court of Louisiana · Jun 1, 1953

The optician, on the other hand, as pointed out by the appellant, is engaged in the busi-' *102 ness of furnishing lenses to customers' on the prescriptions of licensed optometrists or qualified physicians, putting the lenses … For this purpose every consideration of public need and public policy upon which the Legislature could rationally have based such legislation should be weighed by the court, and, if the statute is not clearly arbitrary, unreasonable

Webb v. Zurich Insurance Company

251 La. 558 · Supreme Court of Louisiana · Dec 11, 1967

Aware of the state’s immunity from suit, 2 and the limitations of the bonds of the sheriff and his deputies, and desirous of protecting “any person who got in the airplane * * * against loss of life or serious injury” as … Clearly under these circumstances the aircraft was under the absolute control of the pilot for the duration of the entire trip as the agent of the Sheriff.

Garza v. Delta Tau Delta Fraternity Nat.

948 So. 2d 84 · Supreme Court of Louisiana · Jul 10, 2006

This insertion establishes the limited scope of the exception as stated by this court in State v. … The statement may provide background for her present state of mind, but it is clearly not admissible under this exception since the references were to depression in the past.

Perron v. Evangeline Parish Police Jury

798 So. 2d 67 · Supreme Court of Louisiana · Oct 16, 2001

After his election, plaintiff began meeting with the parish police jury to establish a budget for the following fiscal year. … Landry Parish when serious funding problems for the office apparently dissuaded any physicians from qualifying to run for the office. [7] Mr.

Lucky v. Police Jury

46 La. Ann. 679 · Supreme Court of Louisiana · Apr 15, 1894

Its object was to provide for such contests through suits and to establish a uniform rule governing them all. … It has undoubtedly been held in many cases where the managers of an election have been clearly shown to have committed a fraud in the conduct of the election, or the counting of votes, and the returns clearly shown to be

Brown v. Drillers, Inc.

630 So. 2d 741 · Supreme Court of Louisiana · Jan 14, 1994

As established above, the factual and legal circumstances surrounding the execution of the release instrument establish that the parties did not advert to a future wrongful death action in executing the instrument. … First, this provision qualifies the general rule that the parties' actual intent is relevant in determining the scope of a compromise. Ravia v. Istre, 600 So.2d 812, 814 (La.App. 3d Cir.1992); Ingram Corp. v. J.

Kavanaugh v. Berkett

407 So. 2d 645 · Supreme Court of Louisiana · Aug 24, 1981

Four attorneys were qualified by the court as experts in the field of real estate mortgages. … These items clearly are not costs of physical improvements.

Parrott v. Wikoff

1 La. Ann. 232 · Supreme Court of Louisiana · Sep 15, 1846

This puts beyond the possibility of a doubt the western boundary of the tract, which is established by visible and official marks of unquestionable authority. … The plaintiffs contend that Wikoff sold a tract of land having certain specified boundaries, so clearly defined as to leave no room for doubt as to the object sold; and that the call in the a cts of sale for a front on the

State ex rel. Attorney General v. Lamantia

33 La. Ann. 446 · Supreme Court of Louisiana · Apr 15, 1881

Martin was appointed by the ■Governor of the State inspector of weights and measures for the first district of New Orleans, on the 26th of January, 1881, vice Vincent Lamantia, removed; that said Martin has been duly qualified … Yoist, 25 An. 396, are the latest decisions of this court on the point, the dootrine is clearly laid down.

Entrevia v. Hood

427 So. 2d 1146 · Supreme Court of Louisiana · Feb 23, 1983

Although the wholesale immunities from civil responsibility resulting from the common law classification of a person as a trespasser are not recognized by our law, Cates v. … Clearly, the building was a "ruin". As such, it had little utility and it was likely that children, tramps or others straying on the premises might be injured.

State v. Moore

432 So. 2d 209 · Supreme Court of Louisiana · Apr 4, 1983

We find Enmund clearly distinguishable from the instant case. … A "death qualified" jury cannot constitutionally impose or recommend a death sentence. cf. Witherspoon v.

Bates v. Edwards

294 So. 2d 532 · Supreme Court of Louisiana · Apr 5, 1974

Judge Jameson clearly recognized that two methods of calling a constitutional convention are possible. … The Enabling Act does not, by its language, pretend to establish for all time the manner in which this new state should govern itself.

State v. Lacoste

256 La. 697 · Supreme Court of Louisiana · Jun 29, 1970

There is absolutely no evidence in this record to indicate that any promises of immunity or reward were made to this defendant. … “Through testimony it was established that the bank had.a group of bills which they called bait money.

Al Johnson Const. Co. v. Pitre

734 So. 2d 623 · Supreme Court of Louisiana · May 18, 1999

The evidence further established that 50.43% of Pitre's Social Security account had been funded by his contributions, [3] and that 49.57% of the account had been funded by the contributions of all of his employers, of which … In Garrett , we concluded that the Legislature, by not expressly qualifying the term "disability benefits plans" either as limited to private disability benefit plans or as including Social Security disability benefits, intended

BP Oil Co. v. Plaquemines Parish Gov.

651 So. 2d 1322 · Supreme Court of Louisiana · Jan 27, 1995

Nevertheless, the final bill clearly did not achieve that objective. … There clearly was a genuine issue of material fact as to BP's good-faith belief that it had fulfilled its tax obligation.

City of Shreveport v. Abe Meyer Corp.

223 La. 1079 · Supreme Court of Louisiana · Jul 3, 1953

They are all realtors familiar with property values in and around the city of Shreveport and qualified to express their opinions. … As stated before he seemed to be of the opinion that these prices per acre were what the property would be worth after a subdivision had been established, but clearly that is not so; those prices were for what these witnesses

Hondroulis v. Schumacher

546 So. 2d 466 · Supreme Court of Louisiana · Jun 19, 1989

"Some" expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of occurrence. … Clearly the state's interests in maintaining medical standards and in protecting health cannot be invoked to justify such a statute.

WORLD TRADE CENTER v. All Taxpayers

908 So. 2d 623 · Supreme Court of Louisiana · Aug 25, 2005

It is well settled that statutes are presumed constitutional unless fundamental rights, privileges and immunities are involved. … It must be shown clearly and convincingly that it was the constitutional aim to deny the legislature the power to enact the statute in question.

State v. Sadler

51 La. Ann. 1397 · Supreme Court of Louisiana · Apr 17, 1899

“Second: Because, if it should be held to be an office, he did not “ wish to hazard the validity of his official acts by qualifying for “ another office, (?) … ■“The evidence was clearly a part of the res gestae *1417 “(2) The testimony was, that Miller told the witness he was shot, “ and that Sadler was the man who shot him.”