Cited by
Opinions in Louisiana that cite Canter v. Koehring Company, 283 So. 2d 716.
- Gordon v. General Motors Corp. 323 So. 2d 496 La. Ct. App. 3d Cir. 1975
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Spell v. Executive Officers, Etc., P. & W. Indus., Inc.
316 So. 2d 474
La. Ct. App. 1st Cir. 1975
It is the defendants' position that the petition fails to allege a cause of action because it does not in a (La.
- Laborde v. Roy O. Martin Lumber Company, Inc. 316 So. 2d 440 La. Ct. App. 3d Cir. 1975
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Simmons v. Beauregard Parish School Board
315 So. 2d 883
La. Ct. App. 3d Cir. 1975
The rule requiring great weight to be given the jury's factual findings ( is not so persuasive here.
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Tatom v. American Manufacturers Mutual Insurance
320 So. 2d 926
La. Ct. App. 1st Cir. 1975
Canter v. Koehring Company, La., (S.Ct.1973).
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Begnaud v. Deboisblanc
321 So. 2d 373
La. Ct. App. 1st Cir. 1975
3rd Ed. 344-346.” Also particularly applicable here is the rule of appellate review that “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.” Canter v. Koehring Company, La., (1973).
- Prince v. Travelers Ins. Co. 320 So. 2d 227 La. Ct. App. 3d Cir. 1975
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Plescia v. Dunham
319 So. 2d 812
La. Ct. App. 1st Cir. 1975
as follows: "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.
- Vaughn v. Earthly 313 So. 2d 347 La. Ct. App. 3d Cir. 1975
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HB" Buster" Hughes, Inc. v. Bernard
318 So. 2d 9
La. 1975
Article 2315 Civil Code; Canter v. Koehring Company, La., (1973); 3 Fletcher Cyclopedia of the Law of Private Corporations, section 1135; 19 Am.Jur.2d, Corporations, section 1382.
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MFA Mutual Insurance v. Fidelity & Casualty Co. of New York
318 So. 2d 666
La. Ct. App. 1st Cir. 1975
“Where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review.”
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Dupre v. South Central Bell Telephone Company
318 So. 2d 145
La. Ct. App. 3d Cir. 1975
Nevertheless, the rule of appellate review is that the factual findings of the trial judge will not be disturbed where supported by a reasonable evidentiary basis
- Martin v. State, Dept. of Highways 322 So. 2d 827 La. Ct. App. 3d Cir. 1975
- Roussel v. Colonial Sugars Company 318 So. 2d 37 La. 1975
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Francis v. Gerlach Meat Company, Inc.
319 So. 2d 534
La. Ct. App. 2d Cir. 1975
We are guided by the principles set forth in Ferguson v. HDE, Inc.
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Herzog v. Badilla
317 So. 2d 213
La. Ct. App. 1st Cir. 1975
May v. Finest Foods, Inc., (La.App.
- Collins v. Slocum 317 So. 2d 672 La. Ct. App. 3d Cir. 1975
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Morrison v. Morrison
316 So. 2d 453
La. Ct. App. 3d Cir. 1975
The language found in the opinion of Justice Tate in Canter v. Koehring Co., et al., (La.
- Henry v. Highlands Insurance Co. 315 So. 2d 145 La. Ct. App. 1st Cir. 1975
- Springer v. Government Employees Ins. Co., Inc. 311 So. 2d 36 La. Ct. App. 4th Cir. 1975
- Naquin v. Maryland Casualty Company 311 So. 2d 48 La. Ct. App. 3d Cir. 1975
- Gonzales v. Southwest Mobile Homes, Inc. 309 So. 2d 780 La. Ct. App. 3d Cir. 1975
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Coleman v. Victor
314 So. 2d 412
La. Ct. App. 1st Cir. 1975
The defendant’s version is unlikely and depends upon plaintiff being able to make a ‘jackrabbit start’.” our Supreme Court held: “ .
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Sylvester's Saddle & Leather Co. v. Adobe Western & Casual Store, Inc.
313 So. 2d 327
La. Ct. App. 1st Cir. 1975
” Canter v. Koehring Company, La., (1973); Sears, Roebuck and Company v. Gunn, La.App., (4 Cir. 1973).
- Brown v. Manchester Insurance & Indemnity Co. 313 So. 2d 275 La. Ct. App. 1st Cir. 1975
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Sullivan v. Rex Drilling Co.
312 So. 2d 668
La. Ct. App. 1st Cir. 1975
resolved this conflict and approved the rationale as enunciated in Adams and its progeny, and disapproved the conflicting line of decisions following Maxey .
- Kay v. Home Indemnity Company 313 So. 2d 303 La. Ct. App. 3d Cir. 1975
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Penrod Drilling Co. v. Langlinais
312 So. 2d 368
La. Ct. App. 1st Cir. 1975
credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable.”
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Monk v. Veillon
312 So. 2d 377
La. Ct. App. 3d Cir. 1975
Veillon is responsible for the tort of his employee.
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Washington v. Degelos
312 So. 2d 918
La. Ct. App. 1st Cir. 1975
In Canter v. Koehring Company, La., , the Court said: "With regard to the personal (as contrasted with technical or vicarious) fault, personal liability cannot be imposed upon the officer, agent, or employee simply because of his general administrative responsibility for performance of some function of the employment.
- Duray v. Continental Insurance Company 311 So. 2d 491 La. Ct. App. 4th Cir. 1975
- Reggans v. Aetna Casualty & Surety Company 308 So. 2d 898 La. Ct. App. 2d Cir. 1975
- Bertrand v. Aetna Casualty & Surety Company 306 So. 2d 343 La. Ct. App. 3d Cir. 1975
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Miller v. Chicago Insurance Company
306 So. 2d 355
La. Ct. App. 3d Cir. 1975
and the cases following the same principles of appellate review.
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Fontenot v. Ludeau
309 So. 2d 772
La. Ct. App. 3d Cir. 1975
at 724 (La.1973), the trial court is allocated the function of making factual determinations.
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Tumminello v. Spencer
309 So. 2d 811
La. Ct. App. 1st Cir. 1975
merous to here mention, to be proved at trial.’ There was no proof adduced at the trial of other defects which would bring about redhibition or reduction of the purchase price.” Although there is some conflict in the testimony, there is a reasonable evidentiary basis for the finding of fact of the trial judge as to those defects, which he expressly discussed above, Canter v. Kehring Company, La., (1973).
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Schwartzberg v. Clark-Dunbar, Inc.
309 So. 2d 754
La. Ct. App. 1st Cir. 1975
We conclude there is a reasonable evi-dentiary basis to support the factual finding by the trial judge that plaintiff was negligent, and that this finding should not be disturbed on appellate review, Canter v. Koehring Company, La., (1973).
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Followed
Alexander v. C. M. Penn & Sons
310 So. 2d 694
La. Ct. App. 1st Cir. 1975
In reviewing this case, : “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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Lyle v. National Surety Corporation
304 So. 2d 743
La. Ct. App. 3d Cir. 1975
The issues are: (1) Did King and/or Tull breach any personal duty owed to the plaintiff under the rules set forth in Canter v. Koehring Company, La., (1973)?
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Foxworth v. State Farm Mutual Automobile Insurance Company
308 So. 2d 348
La. Ct. App. 4th Cir. 1975
(1973), wherein they said, "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."
- Leleux v. Lumbermen's Mutual Insurance 308 So. 2d 527 La. Ct. App. 1st Cir. 1975
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Parish of St. Landry ex rel. Goudeau v. Veillon
308 So. 2d 830
La. Ct. App. 3d Cir. 1975
This court should not disturb reasonable factual determinations made by the trier of fact, We conclude that LSA-R.S.
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Lake Charles Tile & Carpet Co. v. DeKoning
307 So. 2d 757
La. Ct. App. 1st Cir. 1975
Under this evaluation of the testimony, there is clearly a reasonable factual basis for the trial court’s finding, Canter v. Koehring Company, La., (1973).
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Allen v. Riley Mobile Home Sales, Inc.
307 So. 2d 773
La. Ct. App. 3d Cir. 1975
as follows: "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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Lucas v. Insurance Co. of North America
326 So. 2d 525
La. Ct. App. 1st Cir. 1975
The Court finds him credible and believes he has made a courageous and good faith effort to rehabilitate himself.” I feel that the evidence in this case “furnishes a reasonable factual basis for the trial court’s finding”, and I am unwilling to concur with my brothers of the majority in *534 finding manifest error.
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Bloodworth v. Bloodworth
306 So. 2d 812
La. Ct. App. 3d Cir. 1975
Where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, Canter v. Koehring Company, La., (1973).
- Weems v. Moss 309 So. 2d 763 La. Ct. App. 1st Cir. 1975
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Aetna Life & Casualty Co. v. Finley's Sporting Goods, Inc.
306 So. 2d 383
La. Ct. App. 1st Cir. 1975
Where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable
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Iverson v. JAHNCKE SERVICES, INCORPORATED
301 So. 2d 886
La. Ct. App. 4th Cir. 1974
: "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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Cacibauda v. Gaiennie
305 So. 2d 572
La. Ct. App. 4th Cir. 1974
The criteria we apply is that enunciated in Canter v. Koehring Company, La., (1973): "1.