Cited by
Opinions in Louisiana that cite Walker v. Union Oil Mill, Inc., 369 So. 2d 1043.
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Chandler v. Bunge Corp.
489 So. 2d 275
La. Ct. App. 4th Cir. 1986
Walker v. Union Oil Mill, Inc.
- Johnson v. Patcraft Mills, Inc. 486 So. 2d 1178 La. Ct. App. 1st Cir. 1986
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Booty v. Kentwood Manor Nursing Home, Inc.
483 So. 2d 634
La. Ct. App. 1st Cir. 1985
In Walker v. Union Oil Mill, Inc., this doctrine is defined as follows: Res ipsa loquitur is merely a rule of circumstantial evidence whereby negligence is inferred on the part of the defendant because the facts indicate such to be the most probable cause of the injury.
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Romero v. Continental Insurance Co.
467 So. 2d 85
La. Ct. App. 1st Cir. 1985
Walker v. Union Oil Mill, Inc., and King v. King, *87 253 La.
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Galloway v. Ioppolo
464 So. 2d 386
La. Ct. App. 1st Cir. 1985
Walker v. Union Oil Mill, Inc., (La.
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Free v. Franklin Guest Home, Inc.
463 So. 2d 865
La. Ct. App. 2d Cir. 1985
As stated in the more recent case of Walker v. Union Oil Mill, Inc., : Res ipsa loquitur is merely a rule of circumstantial evidence whereby negligence is inferred on the part of the defendant because the facts indicate such to be the most probable cause of the injury.
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Thompson v. Ewin
457 So. 2d 303
La. Ct. App. 3d Cir. 1984
Walker v. Union Oil Mill, Inc.
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Dunne v. Orleans Parish School Bd.
444 So. 2d 1317
La. Ct. App. 4th Cir. 1984
In addition to the above requirements a landowner's liability is further governed by the test stated in Walker v. Union Oil Mill, Inc., (La.
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Congelton v. BATON ROUGE GENERAL HOSP.
444 So. 2d 175
La. Ct. App. 1st Cir. 1983
Walker v. Union Oil Mill, Inc.
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Peyton v. Bogan
434 So. 2d 540
La. Ct. App. 2d Cir. 1983
Walker v. Union Oil Mill, Inc.
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Audubon Ins. Co. v. State Farm Mut. Ins. Co.
425 So. 2d 907
La. Ct. App. 4th Cir. 1983
Walter v. Union Oil Mill, Inc.
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Hartford Acc. & Indem. Co. v. CHAMPION CHEM., INC.
420 So. 2d 1282
La. Ct. App. 3d Cir. 1982
See, also, Walker v. Union Oil Mill, Inc., which states: "In determining an owner's liability under Civil Code Articles 2315 and 2316 the test has been stated to be whether in the management of his property he has acted as a reasonable man in view of the probability of injury to others.
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Head v. St. Paul Fire & Marine Ins. Co.
408 So. 2d 1174
La. Ct. App. 3d Cir. 1982
Walker v. Union Oil Mill, Inc., (La.
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Lacombe v. Greathouse
407 So. 2d 1346
La. Ct. App. 3d Cir. 1981
Shelton, supra; Walker v. Union Oil Mill, Inc., (La.
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Kaplan v. Missouri Pacific R. Co.
409 So. 2d 298
La. Ct. App. 3d Cir. 1981
Walker v. Union Oil Mill, Inc., Shelton v. Aetna Casualty & Surety Co., supra.
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Ramphrey v. Highlands Ins. Co.
406 So. 2d 691
La. Ct. App. 2d Cir. 1981
Plaintiffs cite Walker v. Union Oil Mill, Inc., in which it was noted that the manifest error rule was not applicable to findings of fact made from a review of the transcript by a trial judge who had succeeded the judge who tried the case.
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Broussard v. Pennsylvania Millers Mut. Ins. Co.
398 So. 2d 205
La. Ct. App. 3d Cir. 1981
Walker v. Union Mill, Inc., King v. King, 253 La.
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Guillory v. Buller
398 So. 2d 43
La. Ct. App. 3d Cir. 1981
See also Walker v. Union Oil Mill, Inc., (La.App.
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Frantz v. Morrison Home Center, Inc.
388 So. 2d 106
La. Ct. App. 1st Cir. 1980
3rd Cir. 1978), writ denied, La., , writ granted, La., , case affirmed
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Gauthier v. Bogard Seed Co.
377 So. 2d 1290
La. Ct. App. 3d Cir. 1979
In the recent case of Walker v. Union Oil Mill, Inc., our Supreme Court said the following with respect to the application of that doctrine: "The real test of applying res ipsa loquitur is: Do the facts of the controversy suggest negligence of the defendant, rather than some other factor, as the most plausible explanation of the accident?
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Harris v. Ferguson
375 So. 2d 712
La. Ct. App. 1st Cir. 1979
After the recent decision of our Supreme Court in Walker v. Union Oil Mill, Inc., it appears to be settled that the manifest error rule is not applicable in a case such as this.