Cited by
Opinions in Louisiana that cite Plauche v. Consolidated Companies, 105 So. 2d 269.
-
Murphy v. KD Auger Trucking, Inc.
598 So. 2d 443
La. Ct. App. 2d Cir. 1992
In its discussion of Phillips's actions, , -72 (La.1958), which sets out the duties of a motorist approaching a mounted horse on the highway: [A motorist is] not required to reduce his speed at all when meeting or passing animal drawn vehicles or mounted horses on the highway unless he observes that the animal or animals are frightened or i
-
Sprinkle v. Safeco Insurance Co. of America
564 So. 2d 1321
La. Ct. App. 1st Cir. 1990
The seminal case discussing a motorist’s responsibility when passing a , (1958).
- Michelli v. Steve 554 So. 2d 840 La. Ct. App. 1st Cir. 1989
-
Tesvich v. 3-A's Towing Co.
547 So. 2d 1106
La. Ct. App. 4th Cir. 1989
13:4203; -713 (La.1986); Plauche v. Consolidated Companies, Inc., , (1958); (La.App.
-
Byrd v. Bossier Parish School Bd.
543 So. 2d 35
La. Ct. App. 2d Cir. 1989
Plauche v. Consolidated Companies, Inc., , (1958).
-
State Farm Mutual Automobile Insurance Co. v. Guidry
536 So. 2d 716
La. Ct. App. 1st Cir. 1988
The law concerning the conduct of motorists who encounter a , 272 (1958) as follows: “The rule of conduct now imposed upon a motorist is that he is not required to reduce his speed at all when meeting or passing animal drawn vehicles or mounted horses on the highway unless he observes that the animal or animals are frightened or indicate in some manner that
- Toups v. Sears, Roebuck and Co., Inc. 507 So. 2d 809 La. 1987
- State v. Guidry 467 So. 2d 156 La. Ct. App. 3d Cir. 1985
- State v. Williams 449 So. 2d 744 La. Ct. App. 3d Cir. 1984
-
Jenkins v. St. Paul Fire & Marine Ins. Co.
422 So. 2d 1109
La. 1982
A nine-year-old may be capable of contributory negligence, but like a 12-year-old, Plauche v. Consolidated Companies, 1958, , , he is not held to adult standards of comprehension of danger and duty of self-care.
- Ryle v. Potter 413 So. 2d 649 La. Ct. App. 1st Cir. 1982
-
Wilkinson v. Hartford Acc. & Indem. Co.
411 So. 2d 22
La. 1982
Plauche v. Consolidated Companies, Inc., , (1958).
- Wilkinson v. Hartford Acc. & Indem. Co. 400 So. 2d 705 La. Ct. App. 3d Cir. 1981
-
Chausse v. Southland Corp.
400 So. 2d 1199
La. Ct. App. 1st Cir. 1981
Dufrene v. Dixie Auto Insurance Co., et al., (La.
-
Dufrene v. Dixie Auto Ins. Co.
373 So. 2d 162
La. 1979
(1958); Arata v. Orleans Capital Stores, 219 La.
-
Mays v. American Indem. Co.
365 So. 2d 279
La. Ct. App. 2d Cir. 1979
Appellants assign as error: (1) the trial court's finding that Thomas was driving at an excessive rate of speed; (2) , (1958) (La.App.
-
Outlaw v. Bituminous Ins. Co.
357 So. 2d 1350
La. Ct. App. 4th Cir. 1978
A nine-year-old may be capable of contributory negligence, but like a 12-year-old, Plauche v. Consolidated Companies, 1958, , , he is not held to adult standards of comprehension of danger and duty of self-care.
-
White v. Nicosia
351 So. 2d 234
La. Ct. App. 4th Cir. 1977
(1958); Restatement, Second, Torts § 283A (1965); Prosser, supra; Harper & James, Law of Torts, § 16.8 (1974); 77 A.L.R.2d 917 (1961).
-
Handy v. LeJeune
341 So. 2d 1386
La. Ct. App. 3d Cir. 1977
A motorist's duty vis-a-vis a , (1958), where the court quotes 60 C.J.S.
-
Simmons v. Beauregard Parish School Board
315 So. 2d 883
La. Ct. App. 3d Cir. 1975
Plauche v. Consolidated Companies, Inc., , (1958); Murray v. Volkswagen Mid-American, Inc., Savoy v. State ex rel.
-
Kontomitras v. New Orleans Public Service, Inc.
314 So. 2d 441
La. Ct. App. 4th Cir. 1975
[4] , ; Cusimano v. City of New Orleans, 123 La.
-
Freeman v. Wilcox
303 So. 2d 840
La. Ct. App. 1st Cir. 1975
The general rule in regard to contributory negligence of children is discussed at *843 , (1958), where it is stated as follows: "The general rule in regard to the contributory negligence of children is stated in 38 American Jurisprudence, Verbo Negligence, para. 204, page 884 thus: `Generally speaking, children are required to exercise ordinary care to avoid injuries to themselves.
- Brantley v. Brown 277 So. 2d 141 La. 1973
-
Skains v. Allstate Insurance
264 So. 2d 230
La. Ct. App. 1st Cir. 1972
Plauche v. Consolidated Companies, Inc., , ; Woods v. Cappo, et al., La.App., ; Arata v. Orleans Capitol Stores, 219 La.
-
Dawson v. Fleming
260 So. 2d 95
La. Ct. App. 1st Cir. 1972
Biggs v. Verbois, La.App.
-
Tyler v. Jefferson Parish School Board
258 So. 2d 206
La. Ct. App. 1st Cir. 1972
(1958) is to the effect that a 12 year old child may be guilty of contributory negligence.
-
Davis v. Allstate Insurance Co.
206 So. 2d 748
La. Ct. App. 1st Cir. 1968
“Prosser’s Handbook of the Law of Torts (page 157) “Plauche v. Consolidated Companies, (1958) , “Gaspard v. Grain Dealers Mutual Ins.
- McGraw v. Crook 205 So. 2d 200 La. Ct. App. 1st Cir. 1967
- Curry v. Fruin-Colnon Contracting Co. 202 So. 2d 345 La. Ct. App. 1st Cir. 1967
-
Tate v. Hill
197 So. 2d 107
La. Ct. App. 1st Cir. 1967
Cusimano v. City of New Orleans, 123 La.
-
Cormier v. Sinegal
180 So. 2d 567
La. Ct. App. 3d Cir. 1965
Biggs v. Verbois, La.App.
-
Edelen v. Zurich Insurance
165 So. 2d 576
La. Ct. App. 1st Cir. 1964
32:22; , (1958), reversing ; Joyner v. Williams, La.App., (2nd Cir. 1948); Juhas v. American Casualty Company of Reading, Pa., La.App., (4th Cir. 1962) and Smith v. Louisiana Power and Light Company, La.App., 158 So.
-
Kimball v. Southern Farm Bureau Casualty Insurance
161 So. 2d 307
La. Ct. App. 1st Cir. 1964
252 , 8 L.R.A.,N.S., 480) ; however, even if it has been established that a child is capable of contributory negligence, such negligence is nevertheless not measured by the same standard applied to an adult, but must be judged in accordance with the individual child’s experience, understanding, age, and intelligence ( , ).
-
Distinguished
Youngblood v. Newspaper Production Company
158 So. 2d 432
La. Ct. App. 2d Cir. 1964
The cases of Delahoussaye v. City of New Iberia, La.App.1st Cir., 1948, , , , are readily distinguishable from the instant case.
-
Smith v. Whittington
159 So. 2d 327
La. Ct. App. 1st Cir. 1963
(1958) cited in behalf of appellant involved a twelve year old boy who had been warned by his parents not to ride his horse across a traffic bridge, but to lead him.
-
Scheu v. Newsham
157 So. 2d 760
La. Ct. App. 1st Cir. 1963
2 Cir. 1962) , , (1958) appropriate *762 to a situation where a minor, injured in an accident, is accused of contributory negligence.
-
Biggs v. Verbois
151 So. 2d 172
La. Ct. App. 1st Cir. 1963
In this respect, however, , ; Rodriguez v. Abadie, La.App., 168 So.
-
Blanchard v. Hardware Mutual Casualty Co.
153 So. 2d 517
La. Ct. App. 1st Cir. 1963
763 ; Plauche v. Consolidated Companies, 1958, , .
-
Davis v. Le Blanc
149 So. 2d 252
La. Ct. App. 3d Cir. 1963
Hollis v. Ouachita Coca-Cola Bottling Co., La.App.
-
Danna v. London Guarantee & Accident Company
147 So. 2d 739
La. Ct. App. 2d Cir. 1962
(1958), the court enunciated the following principles: "`* * * As to the child plaintiff, however, the caution required is determined according to the maturity and capacity of the plaintiff under the particular circumstances of the case.'
-
Sepulvado v. General Fire & Casualty Company
146 So. 2d 428
La. Ct. App. 3d Cir. 1962
1045 , ; Delahoussaye v. City of New Iberia, La.App., ; Plauche v. Consolidated Companies, Inc., , .
-
Juhas v. American Casualty Company of Reading, Pa.
140 So. 2d 676
La. Ct. App. 4th Cir. 1962
were a twelve year old boy was held not to be guilty of contributory negligence in riding a horse across a traffic bridge.