Cited by
Opinions in Louisiana that cite Stansbury v. Mayor and Councilmen of Morgan City, 84 So. 2d 445.
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Dodson v. Smith & Core, Inc.
808 So. 2d 656
La. Ct. App. 1st Cir. 2001
Stansbury v. Mayor *660 and Councilmen of Morgan City
- Weaver v. Valley Elec. Membership Corp. 615 So. 2d 1375 La. Ct. App. 2d Cir. 1993
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Wooten v. Louisiana Power & Light Co.
477 So. 2d 1142
La. Ct. App. 1st Cir. 1985
538 (La.1983), line 23 feet above ground where plaintiff was raising a television antenna; 11-foot diagonal clearance; Burley v. Louisiana Power & Light, write denied, 5-foot 7-inch horizontal clearance; , (1955); 10-foot clearance but plaintiff was on a ladder; (La.App.
- Esco v. Smith 468 So. 2d 1169 La. 1985
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Tirante v. Gulf States Utilities Co.
412 So. 2d 128
La. Ct. App. 1st Cir. 1982
Harper v. New Orleans Public Service, Inc., supra ; , (1955).
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Walker v. Union Oil Mill, Inc.
360 So. 2d 894
La. Ct. App. 3d Cir. 1978
(1955); Le Jeune v. State, Department of Highways, (La.App.
- Carter v. Poindexter 349 So. 2d 414 La. Ct. App. 1st Cir. 1977
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Burley v. Louisiana Power & Light Company
327 So. 2d 585
La. Ct. App. 4th Cir. 1976
art. 1005; Stansbury v. Mayor and Councilmen of *590 Morgan City, , (1955).
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Dyson v. Gulf Modular Corp.
331 So. 2d 543
La. Ct. App. 1st Cir. 1975
We believe Chaney’s conduct measured by the reasonable man standard was not negligent, and the defense of contributory negligence therefore falls'.’ “ , (1955) where it stated: “ ‘Whenever contributory negligence is pleaded it is incumbent upon the party pleading it to prove it by a preponderance of evidence.’ “In Barnett , the Court cited with approval from Lane (sic) v. Louisiana *546 Power and Light Company, 161 So.
- Harper v. New Orleans Public Service, Inc. 300 So. 2d 546 La. Ct. App. 4th Cir. 1974
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Barnett v. Trinity Universal Insurance Company
286 So. 2d 770
La. Ct. App. 2d Cir. 1973
Further, counsel argues that where there are no eyewitnesses it is presumed the decedent acted with due care for his own safety, , (1955).
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Nessmith v. Central Louisiana Electric Company
257 So. 2d 744
La. Ct. App. 3d Cir. 1972
1063 , (1953); , (1955).
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Boure v. New Orleans Public Service, Inc.
255 So. 2d 776
La. Ct. App. 4th Cir. 1972
See also Allien v. Louisiana Power & Light Company, , (1955).
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Ebarb v. Southern Farm Bureau Casualty Insurance Co.
251 So. 2d 100
La. Ct. App. 1st Cir. 1971
Plaintiffs maintain that it is the law of this state that when the driver of a motor vehicle is killed in an accident, and by reason of his death he is unable to testify as to how the accident occurred, the law presumes that he was not negligent in bringing about his own death, , , (1955), and other earlier Court of Appeal cases.
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Gant v. Aetna Casualty & Surety Co.
234 So. 2d 776
La. Ct. App. 1st Cir. 1970
It is clear that under the law a presumption exists that the deceased exercised due care under the circumstances, in conformity with *780 the instinct of self-preservation and the love of life, , 84 So.
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Bordelon v. Continental Casualty Company
229 So. 2d 761
La. Ct. App. 3d Cir. 1970
1063 , ; , (1955); Allien v. Louisiana Power & Light Company, La.App., (3d Cir. 1967), writ of certiorari refused.
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Brannon v. Babin
221 So. 2d 336
La. Ct. App. 1st Cir. 1969
(1955); Bynum v. City of Monroe, 171 So.
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LeJeune v. State, Department of Highways
215 So. 2d 150
La. Ct. App. 3d Cir. 1969
Stansbury v. Mayor, etc., Morgan City, , .
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Jennings v. Ralston Purina Company
201 So. 2d 168
La. Ct. App. 2d Cir. 1967
347 , ; Stansbury v. Mayor and Councilmen of Morgan City (1955), , , and cases therein cited.
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Murphy v. Fidelity and Casualty Co. of New York
165 So. 2d 497
La. Ct. App. 2d Cir. 1964
(1955) in which case a house painter was electrocuted by uninsulated wires attached to the house he was painting.
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Finn v. EMPLOYERS'LIABILITY ASSURANCE CORPORATION
141 So. 2d 852
La. Ct. App. 2d Cir. 1962
This principle has long been recognized in the jurisprudence of this State, , , wherein it was stated: "Defendants introduced no evidence to show contributory negligence and none was shown.
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Thomas v. Gulf States Utilities Co.
128 So. 2d 323
La. Ct. App. 1st Cir. 1961
Stansbury v. Mayor and Councilmen of Morgan City, 1955, , ; Hebert v. Lake Charles Ice, *326 Light and Waterworks Company, 1903, 111 La.
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Brown v. S. A. Bourg & Sons, Inc.
118 So. 2d 891
La. 1960
Tolle v. Higgins Industries, Inc., 212 La.
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Andrus v. White
101 So. 2d 7
La. Ct. App. 1st Cir. 1958
App.,] ; Stansbury v. [Mayor and Councilmen of] Morgan City, , ; Paquet v. Renkin [La.
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Duree v. STATE, DEPT. OF INSTITUTIONS
96 So. 2d 854
La. Ct. App. 1st Cir. 1957
See also Stansbury v. Mayor, etc., of Morgan City, , ; Guidry v. Crowther, La.App.
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Duree v. State ex rel. Department of Institutions
96 So. 2d 854
La. Ct. App. 1st Cir. 1957
See also Stansbury v. Mayor, etc., of Morgan City, , ; Guidry v. Crowther, La.App.
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Guidry v. Crowther
96 So. 2d 71
La. Ct. App. 1st Cir. 1957
* * *" We think this award to be in line with the following cases: Stansbury v. Mayor, etc., , ; Keith v. Royal Indemnity Co., La.App.
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McCraine v. James
95 So. 2d 156
La. Ct. App. 1st Cir. 1957
88 , , in assuming that McCraine was contribu-torily negligent in running into lighted flares, for in this case the court stated: “ * * * Where there are no eyewitnesses to any act of negligence it is presumed that the decedent acted with ordinary care.” The main error in this contention is that we have assumed that M
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Senegal v. Thompson
91 So. 2d 865
La. Ct. App. 1st Cir. 1956
It is incumbent upon the party pleading contributory negligence to prove it by a preponderance of the evidence, , .