Cited by

Opinions in Louisiana that cite Paxton v. Ballard, 289 So. 2d 85.

40 citing documents.

Catherine J. Estis, Samuel C. Estis, and Thuy P. Estis v. Clifton L. Mills, Kimberly M. Mills, Twin … La. Ct. App. 2d Cir. 2019
d, except to admit that Clifton L. Mills shot a 4 German Shepherd that was attacking his horses.” According to Defendants, the brief “clearly apprised the plaintiffs of the reasons that he shot the dog – because it was attacking his horses, which is the entire basis of RS [sic] 3:2654.” Furthermore, (La.
Jalou II, Inc. v. Liner 43 So. 3d 1023 La. Ct. App. 1st Cir. 2010
Citizens Bank & Trust Co. v. Mitchell 727 So. 2d 661 La. Ct. App. 2d Cir. 1999
Patterson v. State 685 So. 2d 473 La. Ct. App. 3d Cir. 1996
Kibbe v. Lege 604 So. 2d 1366 La. Ct. App. 3d Cir. 1992
Williams v. Jefferson 586 So. 2d 666 La. Ct. App. 2d Cir. 1991
Johnson v. Southern University 551 So. 2d 1348 La. Ct. App. 1st Cir. 1989
Paxton v. Ballard [ ], supra; Townsend v. Cleve Heyl Chevrolet-Buick, Inc., (La.App.
Southern States Equipment Co. v. Unique Services Inc. 525 So. 2d 1198 La. Ct. App. 1st Cir. 1988
Johnson v. Acadiana Medical Center, Inc. 524 So. 2d 811 La. Ct. App. 1st Cir. 1988
We believe the holding in Ernest, supra, which held that pleading the negligence of plaintiff was sufficient to assert the affirmative defense of contributory negligence.
Mini Togs Products, Inc. v. Wallace 513 So. 2d 867 La. Ct. App. 2d Cir. 1987
State, Department of Transportation & Development v. Nassar 512 So. 2d 1221 La. Ct. App. 1st Cir. 1987
Lavergne v. Thomas 491 So. 2d 687 La. Ct. App. 1st Cir. 1986
Jackson v. Maloney Trucking & Storage, Inc. 442 So. 2d 849 La. Ct. App. 4th Cir. 1983
Fabiano v. Bryan 438 So. 2d 719 La. Ct. App. 2d Cir. 1983
Townsend v. Cleve Heyl Chevrolet-Buick, Inc., (La.App.
Gulf Shipping Co. v. McQuilling 430 So. 2d 1322 La. Ct. App. 5th Cir. 1983
Southern Mosaic Tile, Inc. v. Alessi 411 So. 2d 601 La. Ct. App. 1st Cir. 1982
Cain v. Goldking Properties Co. 408 So. 2d 1364 La. Ct. App. 1st Cir. 1981
Articles 865, 5051, Code of Civil Procedure
Freeman v. Turner 373 So. 2d 732 La. Ct. App. 2d Cir. 1979
and its progeny, (La.App.
Vincent v. Gill 372 So. 2d 700 La. Ct. App. 1st Cir. 1979
Meadoux v. Hall 369 So. 2d 240 La. Ct. App. 4th Cir. 1979
[3] Finally, these principles, applicable in the instant case, were observed: "The Louisiana Code of Civil Procedure, rejecting procedural technicalities, adopts the salutary rule of liberal construction of pleadings.
Day v. Day 371 So. 2d 1176 La. Ct. App. 1st Cir. 1979
Appeals are favored under the law and the signing of the judgment appealed from at a point close in time to the time the judgment was orally stated, cures the alleged defect of a premature appeal, especially where the judgment as signed is not substantially different from the oral judgment; where the adverse party (the appellee) is not prejudiced and is given fair notice ( (La.
Credit Service Corp. v. Bagley 364 So. 2d 624 La. Ct. App. 1st Cir. 1978
Smith v. Scott 345 So. 2d 981 La. Ct. App. 1st Cir. 1977
Budget Plan of Baton Rouge, Cox v. W. M. Heroman and Company, Inc., Cambrice v. Fern Supply Company, Inc.
Louisiana & Arkansas Railway Co. v. Chicago, Rock Island & Pacific Railroad 345 So. 2d 163 La. Ct. App. 1st Cir. 1977
Bank of St. Charles & Trust Co. v. Ransome 343 So. 2d 1206 La. Ct. App. 1st Cir. 1977
Ouachita National Bank in Monroe v. Williamson 338 So. 2d 172 La. Ct. App. 1st Cir. 1976
Art. 1005; Cox v. Heroman & Co., Inc., ).
Terral v. Bearden 338 So. 2d 141 La. Ct. App. 2d Cir. 1976
Stagg v. City Products Corp. 339 So. 2d 362 La. Ct. App. 1st Cir. 1976
233 (1921); and Paxton v. Ballard, La., (1974).
Ferrington v. McDaniel 336 So. 2d 796 La. 1976
in which we found no contributory negligence on the part of a store customer who tripped over a lower shelf which jutted some eighteen to twenty-four inches out into the aisle beyond the upper display shelves.
Cain v. Houston General Ins. Co. 327 So. 2d 526 La. Ct. App. 2d Cir. 1976
factual allegations of "sole negligence," as here, were held sufficient compliance with La.C.C.P.
Nomey v. State, Department of Highways 325 So. 2d 732 La. Ct. App. 2d Cir. 1976
Appeals are favored under the law and the signing of the judgment appealed from at a point close in time to the time the judgment was orally stated, cures the alleged defect of a premature appeal, especially where the judgment as signed is not substantially different from the oral judgment; where the adverse party (the appellee) is not prejudiced and is given fair notice ( (La.App.
Ferrington v. McDaniel 323 So. 2d 880 La. Ct. App. 1st Cir. 1975
as absolving Mrs. Ferrington of contributory negligence.
Miller v. Montgomery Ward and Company, Inc. 317 So. 2d 278 La. Ct. App. 1st Cir. 1975
The following cases were cited by plaintiffs-appellants as examples of the application of the above stated principles of liability in cases of this kind: (La.App.
Townsend v. Cleve Heyl Chevrolet-Buick, Inc. 318 So. 2d 618 La. Ct. App. 2d Cir. 1975
Webster v. Rushing 316 So. 2d 111 La. 1975
Ernest v. Smith 306 So. 2d 926 La. Ct. App. 1st Cir. 1974
Cox v. WM Heroman & Co., Inc. 298 So. 2d 848 La. 1974
Paxton v. Ballard 296 So. 2d 367 La. Ct. App. 1st Cir. 1974
Anders v. Eagle Motor Lines, Inc. 292 So. 2d 855 La. Ct. App. 1st Cir. 1974
(decided January 14, 1974) held pleading in this manner would give fair' notice to plaintiff (here plaintiff in reconvention) that the conduct of its employee had been called into question by the defense and evidence would be offered tending to show such negligence satisfied the requirement that the answer “set forth
Camet v. Guillot 291 So. 2d 438 La. Ct. App. 4th Cir. 1974