Cited by
Opinions in Louisiana that cite Finkelstein v. Naihaus, 151 So. 686.
- Morneau v. American Oil Company 272 So. 2d 313 La. 1973
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Simms v. D'Avillier
179 So. 2d 707
La. Ct. App. 1st Cir. 1965
Oubre v. Judice, La.App., ; Hall v. White, La.App., ; Haydel v. Bullinger, La.App., ; Finkelstein v. Naihaus, La.App., .
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Baughman v. Wells
171 So. 2d 759
La. Ct. App. 1st Cir. 1965
* * * 0 * * * “'(6) The rule has also been stated to be that one who provokes a difficulty by insults, abuse, threats, or other conduct well calculated to arouse the resentment or fear of another cannot recover for an assault by the latter.— Finkelstein v. Naihaus, La.App., ; Guillory v. Fontenot, 2 La.App.
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Wells v. Perkins
101 So. 2d 740
La. Ct. App. 1st Cir. 1958
627 ; Finkelstein v. Naihaus, La.App., .
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Purnell v. Jackson
91 So. 2d 67
La. Ct. App. 1st Cir. 1956
704 ; Finkelstein v. Naihaus, La.App., ; Jumonville v. Frey’s, Inc., La.App., 173 So.
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Smith v. Bankston
75 So. 2d 880
La. Ct. App. 1st Cir. 1954
704 ; Finkelstein v. Naihaus, La.App., ; Jumonville v. Freys, Inc., La.App., 173 So.
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Brown v. Lambert
71 So. 2d 410
La. Ct. App. 1st Cir. 1954
Finkelstein v. Nailhaus, La.App., ; Walsh v. Schriner, La.App., 168 So.
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Gordon v. Pittman
61 So. 2d 609
La. Ct. App. 1st Cir. 1952
662 ; Finkelstein v. Naihaus, La.App., ; Landry v. Himel, La.App., 176 So.
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Smith v. Parker
59 So. 2d 718
La. Ct. App. 2d Cir. 1952
See Finkelstein v. Naihaus, La.App., 1933, ; Walsh v. Schriner, La.App., 1936, 168 So.
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Esnault v. Richard
53 So. 2d 494
La. Ct. App. 1st Cir. 1951
662 ; Finkelstein v. Naihaus, La.App., ; Landry v. Himel, La.
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Britt v. Merritt
45 So. 2d 902
La. Ct. App. 2d Cir. 1950
App., ; Finkelstein v. Naihaus, La.App., .
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Chisholm v. De Frances
27 So. 2d 467
La. Ct. App. 1st Cir. 1946
App., ; Landry v. Himel, La.
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Gross v. Great Atlantic Pacific Tea Co.
25 So. 2d 837
La. Ct. App. 1st Cir. 1946
App., ; Guillory v. Fontenot, 2 La.
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Ponthieu v. Coco
18 So. 2d 351
La. Ct. App. 1st Cir. 1944
He cites a more recent decision of the Louisiana Circuit Court of Appeal, , and other authorities which the Court deems unnecessary to recite.
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Aetna Casualty Surety Co. v. Cazebon
11 So. 2d 118
La. Ct. App. 1st Cir. 1942
In cases of this character the rule is, as was declared by Justice Higgins, when a member of this Court, , 688: "* * * where plaintiff provokes a difficulty by insults, abuse, threats, or other conduct well calculated to arouse the resentment or fears of the defendant, plaintiff is not entitled to recover.
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Landry v. Himel
176 So. 627
La. Ct. App. 1st Cir. 1937
Walsh v. Schriner (La.App.)
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Jumonville v. Frey's, Inc.
173 So. 227
La. Ct. App. 1st Cir. 1937
it was held: “We believe, as did our learned brother below, that Mrs. Finkelstein was the aggressor and, therefore, plaintiffs cannot recover, for the law is clear that, where plaintiff provokes a difficulty by insults, abuse, threats, or other conduct well calculated to arouse the resentment or fears of the de
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Walsh v. Schriner
168 So. 345
La. Ct. App. 1st Cir. 1936
In Finkelstein et al. v. Naihaus et al. (La.App.1933) , the court said: “We believe, as did our learned brother below, that' Mrs. Finkelstein was the aggressor, and, therefore, plaintiffs cannot recover, for the law is clear that, where plaintiff provokes a difficulty by insults, abuse, threats, or other conduct well calculated to arouse the resentment or fears of t