Cited by
Opinions in Louisiana that cite Craig v. Montelepre Realty Co., 211 So. 2d 627.
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Curtis Randall v. Concordia Nursing Home D/B/A Camelot Leisure Living
La. Ct. App. 3d Cir. 2007
4 Cir 1979), writ denied, So.2d 627 (La.1968).
- Randall v. Concordia Nursing Home 965 So. 2d 559 La. Ct. App. 3d Cir. 2007
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Coulon v. Witco Corp.
848 So. 2d 135
La. Ct. App. 5th Cir. 2003
(1968); Devoke v. Yazoo & M.V.R.R., 211 La.
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Outdoor Systems, Inc. v. Entergy Corp.
804 So. 2d 848
La. Ct. App. 1st Cir. 2001
729 , (1947), in which the continued operation of a railroad terminal in a negligent manner caused the continuous emission of dense smoke, Rgases, soot and cinders, , (1968) in which plaintiffs suffered continuous damage to their property as a result of the continuous construction operations of defendant, including pile driving and the operation of saws and trucks.
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Crump v. Sabine River Authority
737 So. 2d 720
La. 1999
Similarly, , (1968), this Court again found that prescription had not run on plaintiffs' claim where plaintiffs had established that they suffered continuous damages to their property as a result of the continuous construction operations of the defendant.
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Mossy Motors v. Sewerage and Water Bd.
753 So. 2d 269
La. Ct. App. 4th Cir. 1999
1075, 1077 , (1947); , -32 (1968); Chaney v. Travelers Insurance Co., 259 La.
- Haydel v. Hercules Transport, Inc. 654 So. 2d 418 La. Ct. App. 1st Cir. 1995
- Haydel v. Hercules Transport, Inc. 654 So. 2d 408 La. Ct. App. 1st Cir. 1995
- St. Martin v. General Homes-Louisiana, Inc. 467 So. 2d 1361 La. Ct. App. 1st Cir. 1985
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General American Oil Co. of Texas v. Meche
442 So. 2d 496
La. Ct. App. 1st Cir. 1983
(1968) which sets forth the jurisprudence regarding a continuing act which prevents the running of prescription.
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South Central Bell Telephone Co. v. Texaco, Inc.
418 So. 2d 531
La. 1982
729 , (1947); , (1968); (4 Cir. La.App.1979) writ refused
- Kent v. Gulf States Utilities Co. 418 So. 2d 493 La. 1982
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Androwski v. Ole McDonald's Farms, Inc.
407 So. 2d 455
La. Ct. App. 1st Cir. 1981
Craig v. Montelepre Realty Co. [ , ], supra; Gotreaux v. Gary, 232 La.
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Acadian Heritage Realty, Inc. v. City of Lafayette
394 So. 2d 855
La. Ct. App. 3d Cir. 1981
(1968) (McCaleb, J., concurring)."
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Wilson v. Hartzman
373 So. 2d 204
La. Ct. App. 4th Cir. 1979
(1968); Devoke v. Yazoo & DiCarlo v. Laundry & Dry Cleaning Service, 178 La.
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Joubert v. STATE THROUGH STATE PARK, ETC.
345 So. 2d 220
La. Ct. App. 3d Cir. 1977
Craig v. Montelepre Realty Co., supra [ , (1968)]; Gotreaux v. Gary, 232 La.
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Joseph A. Neyrey, Gen. Cont., Inc. v. La. P. & L. Co.
347 So. 2d 266
La. Ct. App. 4th Cir. 1977
Cases like Craig v. Montelepre Realty Co., 1968, , , and D'Albora v. Tulane University, La.App.
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Dean v. Hercules, Inc.
314 So. 2d 430
La. Ct. App. 1st Cir. 1975
(1968), the Supreme Court said: "Recent jurisprudence indicates that the courts have vacillated in their determinations as to whether a cause of action under LSA-C.C.
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Distinguished
Patin v. Stockstill
315 So. 2d 868
La. Ct. App. 1st Cir. 1975
(1968), which was relied upon by the plaintiffs for the proposition that the instant offenses were continuous in nature, is factually distinguishable from the instant case.
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Hero Lands Company v. Texaco, Inc.
310 So. 2d 93
La. 1975
(1968) (McCaleb, J., concurring).
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Lighting, Inc. v. Trans-Gulf Construction Co.
307 So. 2d 646
La. Ct. App. 1st Cir. 1975
As a last premise, we note the general rule that one pleading prescription has the burden of proving it; Craig v. Montelepre Realty Co., 1968, , .
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D'Albora v. Tulane University
274 So. 2d 825
La. Ct. App. 4th Cir. 1973
(1968), (quoting another case), in arguing that "the operating cause of the injury is a continuous one, giving rise to successive damages from day to day, and, under our law, in such cases prescription, whatever the length of time, has no application."
- Reymond v. State Ex Rel. Department of Highways 231 So. 2d 375 La. 1970