Central Louisiana Telephone Co. v. Green-Snider Construction Co.
Also decided on this docket: La. Ct. App. 1st Cir., March 21, 1977 344 So. 2d 412; La. Ct. App. 4th Cir., June 3, 1980 384 So. 2d 1023
Central Louisiana Telephone Co. v. Green-Snider Construction Co., 228 So. 2d 73 (La. Ct. App. 1st Cir. 1969).
Cited by
- Jones v. Gentilly Dodge, Inc. 397 So. 2d 849 La. Ct. App. 4th Cir. 1981
- Adam v. Schultz 250 So. 2d 811 La. Ct. App. 5th Cir. 1971
- Pepper v. Glover 241 So. 2d 269 La. Ct. App. 1st Cir. 1970
Authorities cited
Identified automatically; this list may not be exhaustive.
- Thomas v. Paper Haulers, Inc. 165 So. 2d 61
- Doerle v. State 147 So. 2d 776
Opinion text
ON REHEARING Before BOLIN, DIXON and WILLIAMS, JJ. DIXON, Judge. On rehearing the court’s attention has been attracted principally to the complaint of Central Louisiana Telephone Company, Inc. concerning the computation of damages. Nothing new has been developed, and we make no change in our previous conclusions about the other issues in the case. In fixing damages in our original opinion, we considered the existence of a contract between Central Louisiana Telephone Company, Inc. and the Department of Highways, under which the department was to contribute to the cost of relocating the telephone lines prematurely knocked down by Green-Snider Construction Company. We now conclude that it was erroneous to consider this contract in refusing to compensate plaintiff fully for the lines wrongfully destroyed. Civil Code Article 2315 provides for the repair of damage by the one who causes it. The right to recover damages is a property right. Our statutes do not permit a wrongdoer to take advantage of a collateral source of compensation that may be available to the injured party. See Thomas v. Paper Haulers, Inc., 165 So.2d 61 (La.App.1964); Doerle v. State of Louisiana, Through Dept. of Highways, 147 So.2d 776 (1962). The cost to plaintiff for the repair and replacement of the damaged lines, as shown by the record, was $2,406.57. Our previous ruling and the judgment of the district court is therefore amended, and there is now judgment in favor of plaintiff, Central Louisiana Telephone Company, Inc., and against Green-Snider Construction Company in the full sum of $2,406.57, with legal interest from date of judicial demand until paid, and for all costs of these proceedings; in all other respects the judgment of the district court is affirmed.