Cited by

Opinions in Louisiana that cite St. Paul v. MacKenroth, 165 So. 2d 273.

50 citing documents.

Williams v. City of Mansfield 962 So. 2d 1187 La. Ct. App. 2d Cir. 2007
(1964), wherein the supreme court held the City of New Orleans liable because the defect had existed for so long that the city should have discovered it through the exercise of its duty of reasonable care and prudence, not because the city had no plan for inspection.
Distinguished Cunningham v. City of Shreveport 908 So. 2d 1214 La. Ct. App. 2d Cir. 2005
(1964), in which the court held the city liable because the defect had existed for so long that the city should have discovered it through the exercise of its duty of reasonable care and prudence, not because the city had no plan for inspection.
Jones v. Hawkins 731 So. 2d 216 La. 1999
Jones v. Hawkins 708 So. 2d 749 La. Ct. App. 2d Cir. 1998
Hammons v. City of Tallulah 705 So. 2d 276 La. Ct. App. 2d Cir. 1997
Thumfart v. Lombard 613 So. 2d 286 La. Ct. App. 4th Cir. 1993
(1964); Arata v. Orleans Capitol Stores, 219 La.
Briggs v. Hartford Ins. Co. 532 So. 2d 1154 La. 1988
Vallery v. STATE EX REL. DEPT. OF TRANSP. AND DEV. 480 So. 2d 818 La. Ct. App. 3d Cir. 1985
Statum v. State ex rel. Department of Transportation 429 So. 2d 535 La. Ct. App. 1st Cir. 1983
’ “When one’s basis for recovery lies in strict liability rather than in negligence, the plaintiff is relieved of proving the State’s knowledge, constructive or otherwise, of the hazardous condition or defect.
Dupre v. Wolfe 424 So. 2d 465 La. Ct. App. 1st Cir. 1982
Burris v. Insured Lloyds 417 So. 2d 511 La. Ct. App. 3d Cir. 1982
Lacour v. State Farm Insurance 417 So. 2d 85 La. Ct. App. 1st Cir. 1982
(1964).” In finding liability on the part of the state, as outlined above, we need look no further than the testimony of Buck Morton, District 8 Traffic Engineer.
Siler v. Guillotte 410 So. 2d 1265 La. Ct. App. 3d Cir. 1982
Godwin v. Government Employees Ins. Co. 394 So. 2d 751 La. Ct. App. 3d Cir. 1981
Baggett v. City of Bogalusa 391 So. 2d 1210 La. Ct. App. 1st Cir. 1980
(1964), the Court said: “We must first make a determination as to whether the instant defect was dangerous or was in the nature of a trap.
Fuller v. Scott 387 So. 2d 49 La. Ct. App. 1st Cir. 1980
Wall v. Village of Tallulah 385 So. 2d 905 La. Ct. App. 2d Cir. 1980
(1964) stated: "In order to assess liability in a matter such as the instant one, it must be shown (1) that the unsound condition complained of was patently or obviously dangerous to a reasonably careful and ordinarily prudent person, and (2) that the municipality had notice either actual or constructi
Fontenot v. Hanover Insurance Co. 378 So. 2d 461 La. Ct. App. 1st Cir. 1979
Reinhard v. City of New Orleans 371 So. 2d 286 La. Ct. App. 4th Cir. 1979
(1964): "We must first make a determination as to whether the instant defect was dangerous or was in the nature of a trap.
Simmons v. City of Lake Charles 368 So. 2d 1167 La. Ct. App. 3d Cir. 1979
Carmouche v. State ex rel. Department of Highways 360 So. 2d 1374 La. Ct. App. 1st Cir. 1978
(1964).” The general rule concerning the duty of the highway authorities to post notices and signs warning motorists of dangerous conditions is stated in 60 C.J.S., Motor Vehicles, Section 192: “The exercise of reasonable care by highway authorities toward motorists may require a placing of signs warni
Shively v. Pickens 346 So. 2d 1314 La. Ct. App. 3d Cir. 1977
Pickens v. St. Tammany Parish Police Jury 323 So. 2d 430 La. 1975
(1964); Smith v. City of New Orleans, 135 La.
Mann v. State Farm Mutual Automobile Insurance 323 So. 2d 509 La. Ct. App. 1st Cir. 1975
(1964).” I find no causal connection between the so-called highway defect of which the *512 plaintiffs complained and the accident.
Doucet v. State, Department of Highways 309 So. 2d 382 La. Ct. App. 3d Cir. 1975
Pickens v. St. Tammany Parish Police Jury 308 So. 2d 361 La. Ct. App. 1st Cir. 1975
(1964); Haindel v. Sewerage & Water Board, (La.App.Orl., 1959)
Laborde v. Louisiana Department of Highways 300 So. 2d 579 La. Ct. App. 3d Cir. 1974
Snow v. City of Shreveport 287 So. 2d 647 La. Ct. App. 2d Cir. 1974
(1964); Breaux v. Leidenheimer (La.App.
Johnson v. City of New Orleans 284 So. 2d 794 La. Ct. App. 1st Cir. 1973
(1964), and cases cited in these opinions.
Mistich v. Matthaei 277 So. 2d 239 La. Ct. App. 4th Cir. 1973
(1964) the Supreme Court confronted with a slip and fall case allegedly caused by a defective sidewalk announced the following rule: "In order to assess liability in a matter such as the instant one, it must be shown (1) that the unsound condition complained of was patently or obviously dangerous to a
Wade v. City of Baton Rouge 261 So. 2d 315 La. Ct. App. 1st Cir. 1972
Maggio v. Parish of East Baton Rouge 262 So. 2d 72 La. Ct. App. 1st Cir. 1972
(1964) sets forth the precepts of law which control a case such as the instant one, to-wit: " * * * (1) that the unsound condition complained of was patently or obviously dangerous to a reasonably careful and ordinarily prudent person, and (2) that the municipality had notice, either actual or construc
Brown v. State Farm Fire & Casualty Company 252 So. 2d 909 La. Ct. App. 2d Cir. 1971
(1964); Daire v. Southern Farm Bureau Casualty Ins.
Thistlethwaite v. City of Opelousas 250 So. 2d 72 La. Ct. App. 1st Cir. 1971
(1964) as follows: “In order to assess liability in a matter such as the instant one, it must be shown (1) that the unsound condition complained of was patently or obviously dangerous to a reasonably careful and ordi *75 narily prudent person, and (2) that the municipality had notice, either actual or
Garrett v. Sewerage & Water Board of New Orleans 235 So. 2d 164 La. Ct. App. 4th Cir. 1970
Breaux v. G. H. Leidenheimer Co., La.
Chauvin v. United States Fidelity & Guaranty Co. 223 So. 2d 441 La. Ct. App. 3d Cir. 1969
Jenkins v. Zachariah 213 So. 2d 56 La. Ct. App. 1st Cir. 1968
Paul v. Mackenroth [ , ], supra, closely parallel those found by the Court herein.
Carter v. State Fire & Casualty Co. 209 So. 2d 510 La. Ct. App. 1st Cir. 1968
James v. Food Town, Inc. 205 So. 2d 721 La. Ct. App. 1st Cir. 1967
for the proposition that there is no fixed rule for making such a determination, and that -the facts and circumstances of each particular case govern.
Breaux v. G. H. Leidenheimer Co. 204 So. 2d 59 La. Ct. App. 1st Cir. 1967
Arata v. Orleans Capitol Stores, 219 La., 1045 , ; Toppi.
Foggin v. General Guaranty Insurance Company 195 So. 2d 636 La. 1967
Daire v. Southern Farm Bureau Casualty Ins.
Loubat v. City of New Orleans 185 So. 2d 87 La. Ct. App. 1st Cir. 1966
Miller v. City of New Orleans, La.App., 152 So.
Martin v. City of Opelousas 185 So. 2d 223 La. Ct. App. 1st Cir. 1966
as follows: “In order to assess liability in a matter such as the instant one, it must be shown (1) that the unsound condition complained of was patently or obviously dangerous to a reasonably careful and ordinarily prudent person, and (2) that the municipality had notice, either actual or constructi
KIDER v. City of Opelousas 185 So. 2d 66 La. Ct. App. 3d Cir. 1966
Sherrill v. United States Fidelity & Guaranty Company, La.App.
Kinard v. City of Jennings 184 So. 2d 570 La. Ct. App. 3d Cir. 1966
Pappadakis v. City of New Orleans 182 So. 2d 843 La. Ct. App. 1st Cir. 1966
Eble v. City of New Orleans 181 So. 2d 805 La. Ct. App. 1st Cir. 1966
and in Frisard v. Oalmann, La.App., .
Escardille v. City of New Orleans 175 So. 2d 404 La. Ct. App. 1st Cir. 1965
*406 White v. City of Alexandria, 216 La.
Castrinos v. City of New Orleans 172 So. 2d 357 La. Ct. App. 1st Cir. 1965
Parker v. City of New Orleans, La.App., .
Tete v. Newark Insurance Company 170 So. 2d 248 La. Ct. App. 4th Cir. 1964