Cited by
Opinions in Louisiana that cite Williams v. Marionneaux, 124 So. 2d 919.
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Barr v. Freeman
175 So. 2d 649
La. Ct. App. 4th Cir. 1965
51 , ; , ; Breaux v. Pan American Petroleum Corporation, La.App., .
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Babineaux v. Southeastern Drilling Corporation
170 So. 2d 518
La. Ct. App. 3d Cir. 1965
Breaux v. Pan American Petroleum Co., La.App.
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Tripod Boats, Inc. v. George Engine Co.
170 So. 2d 238
La. Ct. App. 4th Cir. 1964
s further that the testimony of plaintiff's stockholders (Smith, Kyle, and Levy), taken by way of deposition on January 29, 1964, for the purpose of discovery and filed in evidence "without objection by either defendant," had the effect of enlarging plaintiff's pleadings and supplied the factual allegations necessary to meet the objections raised by the exceptions, , (1960).
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Sellers v. Continental Oil Company
168 So. 2d 435
La. Ct. App. 3d Cir. 1964
App., , , , are inapposite.
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Breaux v. Pan American Petroleum Corporation
163 So. 2d 406
La. Ct. App. 3d Cir. 1964
Roy O. Martin Lumber Co. v. Saint Denis Securities Co., 225 La.
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Bouis v. Employers Liability Assurance Corporation
160 So. 2d 36
La. Ct. App. 3d Cir. 1964
"* * * since the liability of the master in a case like this is purely derivative, he is entitled to reimbursement from this servant, the one primarily responsible, in the event he is required to pay damages to the injured party resulting from the servant's negligence."
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Trahan v. State
158 So. 2d 417
La. Ct. App. 3d Cir. 1963
LSA-Civil Code Article 2320; , ; 57 C.J.S.
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Travelers Insurance Co. v. Wascom
149 So. 2d 11
La. Ct. App. 1st Cir. 1963
Appellants’ , (1960) is applicable to this case, thereby exposing appellants to a plea of res judicata which, if sustained, would bar appellants from further action against the other defendants in the death and personal injury suits.
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Lee v. City of Baton Rouge
147 So. 2d 868
La. 1962
was relied on as authority for this position.
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Canal Insurance Company v. Wascom
148 So. 2d 89
La. Ct. App. 1st Cir. 1962
Appellants contend that the District Court is in error in discharging Canal Insurance *91 , (December 12, 1960), could conceivably be applied by analogy to this case, so as to expose appellants (claimants in the death and personal injury actions) to a plea of res judicata or some comparative exception, which if sustained would bar appellants from further action against the other defendants in
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Lee v. City of Baton Rouge
141 So. 2d 125
La. Ct. App. 1st Cir. 1962
In the recent case of Williams v. Marionneaux, La.App., (affirmed by the Supreme Court , ), this court held: “Following this line of argument, we therefore see that if the plaintiff Williams should take judgment in these proceedings against Marionneaux and his insurer, then Marionneaux would be entitled to judgment over against Blanchard and his insurance carrier, and Blanchard and his ins
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Bergeron v. Gifford-Hill & Co.
137 So. 2d 63
La. Ct. App. 1st Cir. 1962
was presented with practically the same issues.
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Holland v. St. Paul Mercury Insurance Co.
135 So. 2d 145
La. Ct. App. 1st Cir. 1961
which holds that a plaintiff's cause of action abates against a person secondarily liable when it is shown that plaintiff has already litigated with the primary obligor.
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Ohio Casualty Insurance Company v. Nunez
134 So. 2d 309
La. Ct. App. 3d Cir. 1961
App. 1 Cir., (reversed in part on other grounds, , ); and 83 C.J.S.
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Hornsby v. Travelers Indemnity Co. of Hartford
128 So. 2d 280
La. Ct. App. 1st Cir. 1961
Cited in support of this proposition are the cases of Williams v. Marionneaux, La.App., , affirmed in part, , ; Thompson v. Kivett & Reel, La.App., , and others which hold that one accident gives rise to but one cause of action and that the cause of action cannot be split.