50958 Precedential Processed

Rolen v. Maryland Casualty Company

Louisiana Supreme Court · Filed November 25, 1970 · 241 So. 2d 252

Cited by

Boyer v. Seal 553 So. 2d 827 La. 1989
Holland v. Buckley 305 So. 2d 113 La. 1974
Adkins v. Fireman's Fund Insurance 296 So. 2d 379 La. Ct. App. 1st Cir. 1974
Reech v. Bodin 286 So. 2d 477 La. Ct. App. 1st Cir. 1974
Holland v. Buckley 287 So. 2d 599 La. Ct. App. 2d Cir. 1974
Cox v. Reliance Insurance Company 284 So. 2d 370 La. Ct. App. 2d Cir. 1973
Losch v. Travelers Insurance Co. 264 So. 2d 240 La. Ct. App. 1st Cir. 1972

Authorities cited

Identified automatically; this list may not be exhaustive.

Delisle v. Bourriague 105 La. 77
29 So. 731 not in our corpus

Opinion text

241 So.2d 252 (1970) 256 La. 1149 James W. ROLEN, Individually and as Administrator of the Estate of the Minor Child, Vickie Lea Rolen v. MARYLAND CASUALTY COMPANY. No. 50958. Supreme Court of Louisiana. November 25, 1970. Writ denied: Under the facts found by the court of appeal, the result is correct. TATE, Judge (concurring in denial). La.Civil Code Art. 231, according to its original intent, provides strict liability for the keepers of animals which injure humans, with the burden upon him to exculpate himself from the presumption of fault by showing fortuitous event or the imprudence of the victim, Delisle v. Bourriague, 105 La. 77 , 29 So. 731 (1901); Planiol, Civil Law Treatise, Vol. 2, Sections 918-922 (LSLI translation, 1959); Surveyer, Delictual Responsibility, 8 Tul.L.Rev. 53, 66-68 (1933). Recent jurisprudential interpretations have varied the application of the article, as shown by the court of appeal opinion. Until this court re-examines the question, there is no error of law under the facts found.