Harrington v. Upchurch
Harrington v. Upchurch, 337 So. 2d 222 (La. 1976).
Cited by
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- Roberts v. Colonial Penn Insurance Co. 479 So. 2d 426 La. Ct. App. 1st Cir. 1985
- Rozell v. LOUISIANA ANIMAL BREEDERS CO-OP. 434 So. 2d 404 La. 1983
- Abshire v. Dubois 422 So. 2d 611 La. Ct. App. 3d Cir. 1982
- Alfonso v. Market Facilities of Houston, Inc. 356 So. 2d 86 La. Ct. App. 1st Cir. 1978
- Brooks v. US FID. & GUARANTY CO. 358 So. 2d 660 La. Ct. App. 1st Cir. 1978
- Leger v. Delano Plantation, Inc. 352 So. 2d 743 La. Ct. App. 3d Cir. 1978
- Hartford Accident & Indemnity Co. v. Kimball 340 So. 2d 651 La. Ct. App. 1st Cir. 1976
Authorities cited
Identified automatically; this list may not be exhaustive.
- Loescher v. Parr 324 So. 2d 441
- Holland v. Buckley 305 So. 2d 113
Opinion text
337 So.2d 222 (1976) Ray G. HARRINGTON v. J. C. UPCHURCH. No. 58215. Supreme Court of Louisiana. September 8, 1976. Writ denied: Without approving the reasoning of the court of appeal, we find no error in the result. Under the facts shown, the presence of the cow in open-range highway did not create an unreasonable risk of injury to others; therefore, the owner is shown to be exonerated from fault. See Loescher v. Parr, 324 So.2d 441 (La.1975), Holland v. Buckley, 305 So.2d 113 (La.1974). DIXON, J., dissents from denial. Only if it can be said that a cow darting into highway at night is not a "domesticated animal (which) harms another", can the court hold Holland v. Buckley inapplicable to establish the presumption of fault "in the nature of strict liability." No statute or other law gave the owner of the cow the right to permit it to go on the highway, nor excused the owner in any way. If we are to have a "cow law" different from "dog law", we should more adequately explain it. CALOGERO, J., dissents.