Cited by
Opinions in Louisiana that cite Canter v. Koehring Company, 283 So. 2d 716.
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Atwood v. State Farm Automobile Insurance Co.
666 So. 2d 1187
La. Ct. App. 1st Cir. 1995
10(B) extends to both law and facts, “[w]hen there is evidence before the trier of fact which, upon its reasonable evaluation of credibility, furnishes a reasonable factual basis for the trial court’s finding, on review the appellate court should not disturb this factual finding in the absence of manifest error.”
- Haworth v. L'Hoste 664 So. 2d 1335 La. Ct. App. 4th Cir. 1995
- First City Bank v. 740 Esplanade Avenue 665 So. 2d 1190 La. Ct. App. 1st Cir. 1995
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Singleton v. Ross
664 So. 2d 1326
La. Ct. App. 1st Cir. 1995
This court has recognized that “[t]he reason for this well-settled principle of review is based not only upon the trial court’s better capacity to evaluate live witnesses (as compared with the appellate court’s access only to a cold record), but also upon the proper allocation of trial and appellate functions between the respective courts.”
- White v. Louviere 664 So. 2d 603 La. Ct. App. 3d Cir. 1995
- Soileau v. Soileau 664 So. 2d 551 La. Ct. App. 3d Cir. 1995
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Hollis v. McDermott, Inc.
663 So. 2d 837
La. Ct. App. 1st Cir. 1995
7/5/94), , and Stobart v. State, through Department of Transportation and Development
- Cobb v. Kleinpeter 663 So. 2d 236 La. Ct. App. 1st Cir. 1995
- Cobb v. Kleinpeter 663 So. 2d 236 La. Ct. App. 3d Cir. 1995
- Olivier v. Allstate Ins. Co. 663 So. 2d 207 La. Ct. App. 3d Cir. 1995
- Hatten v. Price 663 So. 2d 351 La. Ct. App. 3d Cir. 1995
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Harris v. Regional Transit Authority
662 So. 2d 134
La. Ct. App. 1st Cir. 1995
Co., We find that the trial court correctly stated the burdens of proof to be borne by the parties: As a common carrier, RTA is held to the highest degree of care and the slightest negligence causing injury to a fare-paying passenger, such as Lester Harris, will result in liability.
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Pattan v. Fields
669 So. 2d 1233
La. Ct. App. 1st Cir. 1995
Court qualified its opinion in Stobart v. State, Department of Transportation and Development, noting: was not intended to change that synthesis or to make the scope of appellate review of facts any more limited than described in Rosell, Arceneaux [ v. Domingue, ], Canter [ v. Koehring Co., ], et al., supra.
- Williams v. Hospital Service, Inc. 663 So. 2d 749 La. Ct. App. 5th Cir. 1995
- Uriegas v. Gainsco 663 So. 2d 162 La. Ct. App. 3d Cir. 1995
- Gardner v. McDonald 660 So. 2d 107 La. Ct. App. 2d Cir. 1995
- Donaldson v. Sanders 661 So. 2d 1010 La. Ct. App. 3d Cir. 1995
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Dauzat v. Rapides Parish Police Jury
657 So. 2d 484
La. Ct. App. 1st Cir. 1995
1989), we synthesized the ‘manifest error’ and ‘clearly wrong’ (La.
- Garlepied Transfer, Inc. v. GUARANTY BK. & TR. CO. 656 So. 2d 728 La. Ct. App. 5th Cir. 1995
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Young v. Logue
660 So. 2d 32
La. Ct. App. 4th Cir. 1995
(emphasis added); -86 (La.
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Martinez v. Schumpert Medical Center
655 So. 2d 649
La. Ct. App. 2d Cir. 1995
Arceneaux v. Domingue, supra
- Johnson v. Chateau Living Center 653 So. 2d 1367 La. Ct. App. 1st Cir. 1995
- Fuge v. Uiterwyk 653 So. 2d 707 La. Ct. App. 4th Cir. 1995
- Stewart v. Great Atlantic and Pacific Tea Co. 657 So. 2d 1327 La. Ct. App. 4th Cir. 1995
- Fascio v. Lee 650 So. 2d 1236 La. Ct. App. 4th Cir. 1995
- Phillips v. Winn Dixie Stores, Inc. 650 So. 2d 1259 La. Ct. App. 4th Cir. 1995
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Ferrell v. Fireman's Fund Ins. Co.
650 So. 2d 742
La. 1995
1989), we synthesized the "manifest error" and "clearly wrong" and the United States Supreme Court in Anderson v. City of Bessemer City, 470 U.S. 564 , 105 S.Ct.
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Weatherford v. Commercial Union Ins.
650 So. 2d 763
La. 1995
1978); See also Sevier v. USF & G, West v. Bayou Vista Manor, Inc., Cadiere v. West Gibson Prods.
- Ranger Ins. Co. v. Mancuso 652 So. 2d 28 La. Ct. App. 5th Cir. 1995
- Frizzell v. Lee 652 So. 2d 55 La. Ct. App. 1st Cir. 1995
- Smith v. State Dept. of Health & Hosp. 650 So. 2d 450 La. Ct. App. 3d Cir. 1995
- Goings v. State 648 So. 2d 884 La. 1995
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Leblanc v. Hughes
649 So. 2d 1063
La. Ct. App. 1st Cir. 1995
To the extent that the jury failed to award any property damages whatsoever when some were clearly attributable to the accident, it clearly erred
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Bradford v. Winn Dixie of Louisiana, Inc.
648 So. 2d 464
La. Ct. App. 1st Cir. 1994
*470 This court has recognized that “[t]he reason for this well-settled principle of review is based not only upon the trial court’s better capacity to evaluate live witnesses (as compared with the appellate court’s access only to a cold record), but also upon the proper allocation of trial and appellate functions between the respective courts.”
- Byrum v. Neirmann 648 So. 2d 1035 La. Ct. App. 1st Cir. 1994
- Young v. Vernon Parish School Board 647 So. 2d 556 La. Ct. App. 1st Cir. 1994
- Sebastien v. McKay 649 So. 2d 711 La. Ct. App. 3d Cir. 1994
- Alleman v. Brownie Drilling Co. 647 So. 2d 371 La. Ct. App. 3d Cir. 1994
- Dupin v. Chambley 649 So. 2d 704 La. Ct. App. 1st Cir. 1994
- In Re Viviano 645 So. 2d 1301 La. Ct. App. 4th Cir. 1994
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Koepp v. Sea-Land Service, Inc.
645 So. 2d 1269
La. Ct. App. 4th Cir. 1994
See Stobart v. State through DOTD, supra at 882, -845 (La.1989)
- Vedros v. Massiha 646 So. 2d 1120 La. Ct. App. 1st Cir. 1994
- Davidson v. Broadhead 649 So. 2d 479 La. Ct. App. 5th Cir. 1994
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Alphonse v. Omni Hotels Management Corp.
643 So. 2d 836
La. Ct. App. 4th Cir. 1994
Rosell, 549 So.2d at 844
- Ferruzzi, USA, Inc. v. RJ Tricon Co. 645 So. 2d 685 La. Ct. App. 4th Cir. 1994
- Rudd v. Atlas Processing Refinery 644 So. 2d 402 La. Ct. App. 2d Cir. 1994
- Kramer v. Continental Cas. Co. 641 So. 2d 557 La. Ct. App. 3d Cir. 1994
- Lewis v. State 642 So. 2d 260 La. Ct. App. 2d Cir. 1994
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Ambrose v. New Orleans Police Amb. Serv.
639 So. 2d 216
La. 1994
: When there is evidence before the trier of fact which, upon its reasonable evaluation of credibility, furnishes a reasonable factual basis for the trial court's finding, on review the appellate court should not disturb this factual finding in the absence of manifest error.
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Theriot v. Lasseigne
640 So. 2d 1305
La. 1994
Stobart, 617 So.2d at 883