Cited by
Opinions in Louisiana that cite Gilliam v. Lumbermens Mutual Casualty Company, 124 So. 2d 913.
- Tate v. Touro Infirmary 245 So. 3d 1027 La. 2018
- Stuckey v. Riverstone Residential SC, LP 21 So. 3d 970 La. Ct. App. 1st Cir. 2009
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Chau v. Takee Outee of Bourbon, Inc.
707 So. 2d 495
La. Ct. App. 4th Cir. 1998
Co., , (1960), quoted in, (La.App.
- Hesse v. Champ Service Line 707 So. 2d 1295 La. Ct. App. 3d Cir. 1998
- Wallace v. Helmer Directional Drilling, Inc. 641 So. 2d 624 La. Ct. App. 3d Cir. 1994
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Guillory v. Foster
634 So. 2d 1372
La. Ct. App. 3d Cir. 1994
(1960) the Louisiana Supreme Court held that the statute "was undoubtedly designed to relieve the owner of some of the burdens imposed on him by law in cases where he has given dominion or control of his premises to a tenant under a lease, for the Act permits the owner to transfer his legal liabil
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Hinton v. Hopkins
626 So. 2d 49
La. Ct. App. 1st Cir. 1993
(1960) (citations omitted).
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Roberts v. Orpheum Corp.
610 So. 2d 1097
La. Ct. App. 4th Cir. 1992
4th Cir.1992) ( , (1960); (La.App.
- Mendoza v. Seidenbach 598 So. 2d 404 La. Ct. App. 4th Cir. 1992
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Fontan v. Estopinal
529 So. 2d 1330
La. Ct. App. 5th Cir. 1988
Inasmuch as the jurisprudence has rejected this proposition relative to the statute, , (1960), we turn to a consideration of whether the lease imposes direct responsibility on MCC for the condition of the premises.
- Slaughter v. Coleman 490 So. 2d 570 La. Ct. App. 4th Cir. 1986
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Garcia on Behalf of Garcia v. Jennings
427 So. 2d 1329
La. Ct. App. 2d Cir. 1983
(1960); Arata v. Orleans Capitol Stores, 219 La.
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Landry v. Hazelwood & Santillo, Inc.
330 So. 2d 683
La. Ct. App. 1st Cir. 1976
See Provost v. Great Atlantic & Pacific Tea Company, La.App., ; Gilliam v. Lumbermen’s Muhial Casualty Company, , ; Vogts v. Schwegmann, La.App., .
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Pence v. Ketchum
326 So. 2d 831
La. 1976
(1960); Arata v. Orleans Capitol Stores, 219 La.
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Barnes v. Pick
311 So. 2d 609
La. Ct. App. 4th Cir. 1975
(1960), the court concluded, in a suit against a landlord that knowledge alone of the defective conditions of the premises will not defeat the injured party's claim.
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Wooten v. Wimberly
272 So. 2d 303
La. 1973
Co., , (1960); Klein v. Young, 163 La.
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Hudgens v. Gunn
267 So. 2d 771
La. Ct. App. 1st Cir. 1972
Gilliam v. Lumbermen’s Mutual Casualty Co., , ; Turner v. Aetna Casualty and Surety Co., cited above; Hill v. Travelers Insurance Co., La.App.
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Wilson v. Virgademo
258 So. 2d 572
La. Ct. App. 4th Cir. 1972
(1960); Anslem v. Travelers Insurance Company, supra; Turner v. Aetna Casualty & Surety Co., (La.App.
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Tewis v. Zurich Insurance
233 So. 2d 357
La. Ct. App. 1st Cir. 1970
Gray v. Succession of Spiro, La.App., ; , .
- Hay v. SEARS ROEBUCK & COMPANY 224 So. 2d 496 La. Ct. App. 3d Cir. 1969
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Texas Gas Transmission Corporation v. Gagnard
223 So. 2d 233
La. Ct. App. 3d Cir. 1969
Co., , ; Johnson v. Aetna Insurance Co., La.App.3d Cir., , and decisions therein cited.
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Johnson v. Aetna Insurance
219 So. 2d 563
La. Ct. App. 1st Cir. 1969
at page 915 (1960), our Supreme Court laid down the test to be applied in judging such an allegation.
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Hanford v. Jan C. Uiterwyk Company
214 So. 2d 236
La. Ct. App. 4th Cir. 1968
Veal v. Employers Liability Assurance Corporation, La.App.
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McDaniel v. Louisiana & Arkansas Railway Co.
194 So. 2d 119
La. Ct. App. 1st Cir. 1967
Article 1005, , ; Landrum v. United States Fidelity & Guaranty Co. (La.App.
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Anslem v. Travelers Ins. Co.
192 So. 2d 599
La. Ct. App. 3d Cir. 1966
Turner v. Aetna Casualty and Surety Co., cited above; Hill v. Travelers Insurance Co., La.App.
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Willis v. Grain Dealers Mutual Insurance
185 So. 2d 912
La. Ct. App. 1st Cir. 1966
An exception to this rule is that the issue of contributory negligence may be raised by way of the peremptory exception of no cause of action, , , but the present case does not involve an exception of no cause of action.
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Lee v. Peerless Insurance Company
183 So. 2d 328
La. 1966
on other grounds, , ; Althans v. Toye Bros. Yellow Cab Co., La.App., 191 So.
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Turner v. Aetna Casualty and Surety Company
175 So. 2d 304
La. Ct. App. 2d Cir. 1965
Appropriate to the facts of this case, as hereinabove detailed, , -916 (1960), wherein it was stated: "It has long been the jurisprudence that knowledge alone on the part of the injured party that the premises were in a defective condition will not defeat an action for damages against his landlord or the owner of the premises.
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Lee v. Peerless Insurance Co.
175 So. 2d 381
La. Ct. App. 1st Cir. 1965
238 (1937); Gilliam v. Lumbermen’s Mutual Casualty Company, , (1960); Robinson v. Fidelity & Casualty Company of New York, La.App., (1st Cir. 1961 Cert.
- Murphy v. Fidelity and Casualty Co. of New York 165 So. 2d 497 La. Ct. App. 2d Cir. 1964
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Distinguished
Miller v. New Amsterdam Casualty Co.
164 So. 2d 676
La. Ct. App. 1st Cir. 1964
defendants are chargeable with negligence, refer us to five cases which have been decided by the appellate courts of this State, viz.: Dyer v. Stephens Buick Co., La.App., 4 Cir., ; Bowers v. Lumbermens Mutual Casualty Company, La.App., 2 Cir., ; Richard v. General Fire and Casualty Company, La.App., 3 Cir., ; , ; and McMurray v. Aetna Casualty & Surety Company, La.App., 2 Cir., .
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Jolly v. Travelers Ins. Co.
161 So. 2d 354
La. Ct. App. 4th Cir. 1964
Grayson v. American Brewing Co., La.App., ; , .
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Landrum v. United States Fidelity & Guaranty Co.
151 So. 2d 701
La. Ct. App. 3d Cir. 1963
and the cases cited therein.
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McMurray v. Aetna Casualty & Surety Co.
141 So. 2d 898
La. Ct. App. 1st Cir. 1962
A recent pronouncement on this point is found in Gilliam v. Lumbermen’s Mutual Casualty Company, , .
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Sabin v. C & L DEVELOPMENT CORPORATION
141 So. 2d 482
La. Ct. App. 1st Cir. 1962
Gray v. Succession of Spiro, La.App., ; , .
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Murphy v. Fidelity and Casualty Co. of New York
138 So. 2d 132
La. Ct. App. 2d Cir. 1962
the opinion of Mr. Justice McCaleb contained the following enunciation: "* * * for it is fundamental that the owner of a building cannot, by contract, escape his liability ex delicto under Articles 670, 2315 and 2322 of the Civil Code for damages to third persons for injuries sustained by reason of t
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Robinson v. Fidelity & Casualty Company of New York
135 So. 2d 607
La. Ct. App. 1st Cir. 1961
Justice McCaleb as the organ of the Supreme Court, at page 915 (So.2d), opinedthough the plea of contributory negligence in an ex delicto action is one which has to be made by the defendant specially in his answer, there is an exception to the rule where the petition itself affirmatively makes alleg