Cited by
Opinions in Louisiana that cite Wise v. Prescott, 151 So. 2d 356.
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Teer v. Continental Trailways, Inc.
341 So. 2d 1306
La. Ct. App. 3d Cir. 1977
270 , (1968); , (1963); cases too numerous to cite.
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Jackson v. New Orleans Public Service, Inc.
342 So. 2d 258
La. Ct. App. 1st Cir. 1977
(1963) are controlling here.
- Dolan v. New Orleans Public Service, Inc. 317 So. 2d 688 La. Ct. App. 4th Cir. 1975
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Vaughn v. New Orleans Public Service, Inc.
314 So. 2d 545
La. Ct. App. 4th Cir. 1975
354 , ; , ; Aime v. Hebert, La.App., ; Jones v. New Orleans Public Service, Inc., La.App., ; Alfred v. Benoit, La.App., ; Hurst v. New Orleans Public Service, Inc., La.App., .
- Skidmore v. New Orleans Public Service, Inc. 311 So. 2d 511 La. Ct. App. 4th Cir. 1975
- Green v. Taca International Airlines 304 So. 2d 357 La. 1974
- Carter v. New Orleans Public Service, Inc. 305 So. 2d 481 La. 1974
- Waggenspack v. New Orleans Public Service, Inc. 297 So. 2d 733 La. Ct. App. 4th Cir. 1974
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Green v. Taca International Airlines
293 So. 2d 198
La. Ct. App. 4th Cir. 1974
[2] , ; Alfred v. Benoit, La.App., .
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Johnson v. New Orleans Public Service, Inc.
293 So. 2d 203
La. Ct. App. 4th Cir. 1974
NOTES [1] , ; Green v. Taca International Airlines, La.App., , handed down this date; Alfred v. Benoit, La.App., .
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Johnson v. City of New Orleans
284 So. 2d 794
La. Ct. App. 1st Cir. 1973
(1963), and the cases therein cited.
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Aime v. Hebert
282 So. 2d 566
La. Ct. App. 4th Cir. 1973
[3] , ; Gross v. Teche Lines, Inc., supra ; Fontenot v. Fidelity General Insurance Company, La.App., .
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Matte v. Continental Trailways, Inc.
278 So. 2d 60
La. 1973
270 , (1968), , (1963), to support their contention that a cause of action is stated against McNeil and Continental because public carriers of passengers, while not the insurers of their passengers, are required to exercise the highest degree of vigilance, care and precaution for the safety of those they undertake to
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Webb v. Sonnier
272 So. 2d 778
La. Ct. App. 3d Cir. 1973
App. 1 Cir. 1966); , ; and Moak v. American Automobile Insurance Company, 242 La.
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Alfred v. Benoit
253 So. 2d 797
La. Ct. App. 1st Cir. 1971
Applicable here is the jurisprudential rule that a public carrier, while not an insurer, is required to exercise the highest degree of care for the safety, of its passengers, and a mere showing of injury to a fare-paying passenger establishes a prima facie case of negligence against the carrier, , (1963).
- Decker v. Employers Liability Assurance Corp. 247 So. 2d 232 La. Ct. App. 1st Cir. 1971
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Howard v. Pan American Fire & Casualty Company
240 So. 2d 755
La. Ct. App. 2d Cir. 1971
(1963), in which the Supreme Court of this State affirmed the action of a trial jury in setting aside a release because of a finding that there had been an error in the nature of the contract.
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Matthews v. New Orleans Public Service, Inc.
239 So. 2d 420
La. Ct. App. 1st Cir. 1970
We conclude plaintiff’s evidence was sufficient to prove his injury on the bus, which establishes in his favor as a fare-paying passenger a prima facie case of negligence and obliges the defendant carrier to rebut that case; , (1963).
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Broussard v. Melerine
239 So. 2d 715
La. Ct. App. 1st Cir. 1970
107 (1929); (reviewed on other grounds , (1963) ).
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Hurst v. New Orleans Public Service, Inc.
235 So. 2d 103
La. Ct. App. 4th Cir. 1970
Generally, , , the law on the responsibility of carriers of passengers for hire for injuries sustained by such passengers is as follows: "`The mere showing of injury to a fare-paying passenger on a public conveyance and his failure to reach his destination safely establishes a prima facie case of negligen
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Vidal v. Liberty Mutual Insurance
232 So. 2d 786
La. Ct. App. 1st Cir. 1970
The plaintiffs object to this language, , (1963).
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Lewis v. Shreveport Transit Co.
231 So. 2d 471
La. Ct. App. 1st Cir. 1970
270 , (1968); , (1963); Landry v. Ed’s Cab Service, Inc., (La.App., 2d
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Wilson v. Aetna Casualty & Surety Company
228 So. 2d 229
La. Ct. App. 3d Cir. 1969
Civil Code Article 1841; , (1963); Bergeron v. Port Allen Mortuary, Inc., (La.App.
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Cleveland v. Employers' Liability Assurance Corp.
222 So. 2d 644
La. Ct. App. 1st Cir. 1969
160 , (1961); , (1963); Bergeron v. Port Allen Mortuary, Inc., La.App., (1st Cir. 1965) ; Harris v. Stockman, La.App., (2nd Cir. 1967); and Bielkiewicz v. Rudisill, La.App., (3rd Cir. 1967).
- King v. King 217 So. 2d 395 La. 1968
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Lockhart v. McInnis-Peterson Chevrolet, Inc.
205 So. 2d 744
La. Ct. App. 1st Cir. 1968
Landrum v. New Amsterdam Casualty Co., La.
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State Farm Mutual Automobile Ins. Co. v. Merritt
185 So. 2d 832
La. Ct. App. 3d Cir. 1966
denied); , ; Landrum v. New Amsterdam Casualty Co., La.
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Fontenot v. Fidelity General Insurance Company
185 So. 2d 896
La. Ct. App. 3d Cir. 1966
359 , as follows: The mere showing of injury to a farepaying passenger on a public conveyance and his failure to reach his destination safely establishes a prima facie case of negligence and imposes the burden on the carrier of convincingly overcoming such case.
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Landry v. Ed's Cab Service, Inc.
185 So. 2d 27
La. Ct. App. 1st Cir. 1966
Roth v. Lloyd S. Gaubert, Inc., La.App., ; Johnson v. New Orleans Public Service, Inc., La.App., ; Johnson v. Shreveport Transit Company, La.App., ; Le Beau v. Baton Rouge Bus Co., La.App., ; Adams v. Canal Insurance Co., La.
- American Metal Window Co. v. St. Tammany Parish School Board 183 So. 2d 667 La. Ct. App. 1st Cir. 1966
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Bergeron v. Port Allen Mortuary, Inc.
178 So. 2d 442
La. Ct. App. 1st Cir. 1965
is dispositive of the issue involved here.
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Hebert v. Travelers Insurance Company
179 So. 2d 513
La. Ct. App. 3d Cir. 1965
Bruce v. Stuyvesant Ins.
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Gaines v. Baton Rouge Bus Co.
175 So. 2d 719
La. Ct. App. 1st Cir. 1965
This rule was stated by the Supreme Court of this State in Wise v. Prescott (1963), , at page 165, , at page 359, as follows: “The mere showing of injury to a fare-paying passenger on a public conveyance and his failure to reach his destination safely establishes a prima facie case of negligence and imposes the burden on the carrier of convincingly overcoming such case.
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Jolley v. Continental Southern Lines, Inc.
170 So. 2d 114
La. Ct. App. 2d Cir. 1964
"Defendant `Bus' company cites and relies on the following cases to show the case at bar is not an ordinary one and that the blinking amber light signaled greater danger requiring greater care: "Wise vs. Prescott, ; ; Landrum vs. New Amsterdam Casualty Co., ; Bruce vs. Stuyvesant Insurance Co., .
- Wyatt v. Maryland Casualty Co. 160 So. 2d 383 La. Ct. App. 1st Cir. 1964
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Bruce v. Stuyvesant Insurance
159 So. 2d 424
La. Ct. App. 1st Cir. 1963
Under the above-related facts, which are stated in the light most favorable to defendants, we think the cab company and its insurer are liable for plaintiff’s injuries un *426 , (1963).