Cited by
Opinions in Louisiana that cite Canter v. Koehring Company, 283 So. 2d 716.
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Spreen v. Gibbs
305 So. 2d 494
La. 1974
we held that an appellate court should not disturb the factual findings of the trial court in the absence of manifest error.
- Carter v. New Orleans Public Service, Inc. 305 So. 2d 481 La. 1974
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Wiley v. Travelers Insurance Company
300 So. 2d 555
La. Ct. App. 3d Cir. 1974
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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Kramer v. Louisiana Farm Bureau Mutual Insurance
304 So. 2d 710
La. Ct. App. 1st Cir. 1974
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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White v. Washington
303 So. 2d 861
La. Ct. App. 1st Cir. 1974
See: Canter v. Koehring Company, La., (1973); (La.App.
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Mancuso v. Kramer
303 So. 2d 874
La. Ct. App. 1st Cir. 1974
Canter v. Koehring Company, La., (1973); (La.App.
- Dinvaut v. Phoenix of Hartford Insurance 302 So. 2d 294 La. 1974
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Haynes v. Baton Rouge General Hospital
298 So. 2d 149
La. Ct. App. 1st Cir. 1974
( [Lousiana Supreme Court, 1973]) We recently recognized the applicability of this touchstone of appellate review in affirming a defendant jury verdict in a medical malpractice case, see Busby v. St.
- Huval v. Dupuis 302 So. 2d 636 La. Ct. App. 3d Cir. 1974
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C. J. Richard Lumber Co. v. Cormier
302 So. 2d 734
La. Ct. App. 1st Cir. 1974
and the cases cited therein.
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Lumbard v. Fireman's Fund Insurance Company
302 So. 2d 394
La. Ct. App. 1st Cir. 1974
Canter v. Koehring Company, La., (1973); Reech v. Bodin, La.App., (1st Cir. 1973).
- Hadrick v. Diaz 302 So. 2d 345 La. Ct. App. 1st Cir. 1974
- Dewese v. Hartford Accident & Indemnity Company 295 So. 2d 574 La. Ct. App. 3d Cir. 1974
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Simmons v. Travelers Insurance Company
295 So. 2d 550
La. Ct. App. 3d Cir. 1974
Foster and Hancock, (1973).
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Gradney v. Vancouver Plywood Co., Inc.
299 So. 2d 347
La. 1974
See Canter v. Koehring Company, La., (1973); Ginlee v. Helg, 251 La.
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Maranto v. Maranto
297 So. 2d 704
La. Ct. App. 1st Cir. 1974
In the case of Canter v. Koehring Company, La., (1973), with Justice Tate as the author of the opinion, the court stated: "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 t
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Torrey v. Chauvin
297 So. 2d 757
La. Ct. App. 1st Cir. 1974
See: Canter v. Koehring Company, La., (1973).
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Busby v. St. Paul Fire & Marine Insurance Company
290 So. 2d 701
La. Ct. App. 1st Cir. 1974
As the Supreme Court recently said in Canter v. Koehring Company, La., at 724 (1973): "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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Bosworth v. Restivo
295 So. 2d 15
La. Ct. App. 1st Cir. 1974
Canter v. Koehring Company, La., (1973).
- Guidry v. Messina 294 So. 2d 559 La. Ct. App. 4th Cir. 1974
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Lowenburg v. Labor Pool of America, Inc.
296 So. 2d 846
La. Ct. App. 4th Cir. 1974
Our State Supreme Court has recently given us a careful, thorough, and had made it clear that when there is evidence before the trier of fact which, upon its reasonable evaluation of credibility, furnishes a reasonable factual bases for trial court's finding, the appellate court, on review, should not disturb this factual finding in absence of manifest error.
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Pfister v. Phoenix of Hartford Insurance Company
290 So. 2d 362
La. Ct. App. 4th Cir. 1974
An executive officer's responsibilities are set out in the recent case of Canter v. Koehring Company, La., at page 721 (1973).
- Rodriguez v. Trebitz 304 So. 2d 396 La. Ct. App. 1st Cir. 1974
- Abshire v. Hartford Accident & Indemnity Ins. Co. 289 So. 2d 545 La. Ct. App. 3d Cir. 1974
- Harris v. Aetna Casualty & Surety Co. 293 So. 2d 195 La. Ct. App. 1st Cir. 1974
- LeBrane v. Lewis 292 So. 2d 216 La. 1974
- Camet v. Guillot 291 So. 2d 438 La. Ct. App. 4th Cir. 1974
- Parker v. Haik 297 So. 2d 551 La. Ct. App. 1st Cir. 1974
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Bono v. Cousins
291 So. 2d 904
La. Ct. App. 4th Cir. 1974
A trial court's "reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review * * *"; Canter v. Koehring, La.1973, .
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Jones v. Simonson
292 So. 2d 251
La. Ct. App. 4th Cir. 1974
"The 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"; (Sup.Ct.1973).
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Galloway v. Employers Mutual of Wausau
286 So. 2d 676
La. Ct. App. 4th Cir. 1974
These cases, more fully discussed later, are Canter v. Koehring Co., La., and Fontenot v. Insurance Company of America, La., .
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Grubb v. Employers Mutual Liability Insurance
289 So. 2d 885
La. Ct. App. 1st Cir. 1974
” Prior to very recent Louisiana Supreme Court decisions, , , there was a conflict between the various circuit courts of appeal with regard to the precise duty owed by executive officers, agents and/or employees to fellow employees.
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Tyler v. Owens-Illinois, Inc.
289 So. 2d 893
La. Ct. App. 4th Cir. 1974
Canter v. Koehring Company, La.App., (1973).
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Beach v. Winn Dixie, Inc.
289 So. 2d 830
La. Ct. App. 1st Cir. 1974
See Canter v. Koehring Co., La., .
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Fabre v. Travelers Insurance Company
286 So. 2d 459
La. Ct. App. 1st Cir. 1974
Plaintiff also argues that these individual defendants breached their duty to provide him a safe place to work and cites the recent case of Canter v. Koehring Company, La., (September 24, 1973) in support of this contention.
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Reech v. Bodin
286 So. 2d 477
La. Ct. App. 1st Cir. 1974
In reaching our conclusion, we are mindful of the principle of appellant review of facts as most recently described in Canter v. Koehring Company, La., (1973): "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.
- Streetman v. Aeropres Corp. 291 So. 2d 515 La. Ct. App. 1st Cir. 1974
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Gattuso v. Clark
287 So. 2d 818
La. Ct. App. 1st Cir. 1974
(1973), the Supreme Court 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.
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Branch v. Watkins Realty Corp.
289 So. 2d 381
La. Ct. App. 1st Cir. 1973
Sec: and the cases therein cited.
- O'Keefe v. Warner 288 So. 2d 911 La. Ct. App. 1st Cir. 1973
- Sears, Roebuck and Company v. Gunn 286 So. 2d 404 La. Ct. App. 4th Cir. 1973
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Hartsell v. Hooker Chemical Corp.
288 So. 2d 417
La. Ct. App. 1st Cir. 1973
But, Canter v. Koehring, La.1973, , “the reviewing court must give great weight to the factual conclusions of the trier of fact; 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 an
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Adams v. Wood
285 So. 2d 870
La. Ct. App. 1st Cir. 1973
Canter v. Koehring Company, La., (1973); Orlando v. Polito, 228 La.
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Fontenot v. Insurance Company of North America
283 So. 2d 733
La. 1973
We have this day overruled the Maxey and Dulaney line of decisions in the case of Canter v. Koehring Co., La., , insofar as they hold that the duties imposed *734 under an employment or agency relationship are exclusively owed to the employer or principal and are irrelevant in determining whether a legal duty is owed to a third person (which in this sense includes a co-employee) by the officer, agent, or employee.