Cited by
Opinions in Louisiana that cite Tesoro v. Abate, 173 So. 196.
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Jones v. Proctor
697 So. 2d 304
La. Ct. App. 1st Cir. 1997
672 , (1942) (defective lock and door knob); (La.App.
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Weiland v. King
262 So. 2d 50
La. Ct. App. 1st Cir. 1972
at page 202 (La.App.1937), wherein it was stated that: “It is true that the jurisprudence of this state has broadened the language of articles 670 and 2322 of the Code to such an extent that the owner of a building practically insures any third person, rightfully on the premises, against injury caused by the vices o
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Daniel v. Zurich Insurance
184 So. 2d 773
La. Ct. App. 1st Cir. 1966
329 (1906); , La.App., Orleans 1937 (writ refused).
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Murphy v. Fidelity and Casualty Co. of New York
165 So. 2d 497
La. Ct. App. 2d Cir. 1964
App., (Orleans, 1956); Tesoro v. Abate, La.App., (Orleans, 1937)."
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Murphy v. Fidelity and Casualty Co. of New York
138 So. 2d 132
La. Ct. App. 2d Cir. 1962
598 ; Green v. Billia, La.App., (Orleans, 1956); Tesoro v. Abate, La.App., (Orleans, 1937).
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Malatesta v. Lowry
130 So. 2d 785
La. Ct. App. 4th Cir. 1961
103 ; Smith v. Hyman, *787 La.App., Roppolo v. Pick, La.App., ; Tesoro v. Abate, La.App., ; Hanover v. Brady, supra; Herbert v. Herrlitz, La.App., 146 So.
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Matranga v. Hilman
94 So. 2d 568
La. Ct. App. 1st Cir. 1957
App., ; Morris v. Hava, La.
- Green v. Southern Furniture Company 94 So. 2d 508 La. Ct. App. 1st Cir. 1957
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Green v. Billa
86 So. 2d 578
La. Ct. App. 5th Cir. 1956
to a licensee or passerby is made to depend upon negligence, the mere fact that the building is defective is in itself proof of that negligence, *580 and this, whether the defect is apparent and easily discoverable, or is such as would not be noticed except upon careful inspection."'" Since the building in question was occupied by tenants, it is important to note that in Tesoro v. Abate, La.App., , we held that in such case even if the owner has no knowledge of the defect, nevertheless there is
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Thiel v. Kern
34 So. 2d 296
La. Ct. App. 1st Cir. 1948
App., Heath v. Suburban Building and Loan Association et al., La.
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Johnson v. Nichel
6 So. 2d 780
La. Ct. App. 1st Cir. 1942
546 ; Tesoro v. Abate, La.App., ; Morris v. Hava, La.App., 180 So.
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Smith v. Hyman
6 So. 2d 368
La. Ct. App. 1st Cir. 1942
* * *" That rule is so well established that we need not discuss it further except to say that since the decision in the Heath case it has been reaffirmed in many others, notably Tesoro v. Abate, La.App., ; Staes v. Terranova, La.App., ; and Roppolo v. Pick, La.App., .
- Lowe v. Home Owners' Loan Corporation 6 So. 2d 726 La. 1942
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Ford v. Spiro
5 So. 2d 385
La. Ct. App. 1st Cir. 1942
In Tesoro v. Abate, La.App., , we said: "A review of the foregoing authorities (excepting Hutchins v. Pick) demonstrates that, where an injury to a third person, rightfully on the leased premises, occurs, during the existence of the lease, by reason of a failure of the tenant to make repairs due by him under article 2716, the landlord or own
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Wallace v. Meyer
4 So. 2d 784
La. Ct. App. 1st Cir. 1941
546 ; Tesoro v. Abate, La.App., ; Morris v. Hava, La.App., 180 So.
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Roppolo v. Pick
4 So. 2d 839
La. Ct. App. 4th Cir. 1941
546 ; Tesoro v. Abate, La.App., ; Morris v. Hava, La.App., 180 So.
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Staes v. Terranova
4 So. 2d 453
La. Ct. App. 1st Cir. 1941
267 , as follows: "`Although the liability of the house owner to a licensee or passerby is made to depend upon negligence, the mere fact that the building is defective is in itself proof of that negligence, and this, whether the defect is apparent and easily discoverable, or is such as would not be noticed except upon careful inspection.'" , 202 we said: "It is true that the jurisprudence of this state has broadened the language of articles 670 and 2322 of the Code to such an extent that the own
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Hughes v. Abate
2 So. 2d 68
La. Ct. App. 1st Cir. 1941
546 ; Tesoro v. Abate, La.App., ; Morris v. Hava, La.App., 180 So.
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Lowe v. Home Owners' Loan Corporation
1 So. 2d 362
La. Ct. App. 1st Cir. 1941
In Tesoro v. Abate, La.App., , we find facts remarkably similar to those now under consideration.
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Coulton v. Caruso
195 So. 804
La. Ct. App. 1st Cir. 1940
See Revised Civil Code Articles 670, 2315 and 2322 and Tesoro v. Abate, La.App., .
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Duplain v. Wiltz
194 So. 60
La. Ct. App. 1st Cir. 1940
Thereafter, in Tesoro v. Abate, La.App., , in which certiorari was also refused, we held that “a third person, may not rely upon articles 2693 and 2695 as a ground for recovery * * *.
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Bradley v. Yancy
195 So. 110
La. Ct. App. 1st Cir. 1939
912 ; Tesoro v. Abate, La.App., ; Heath v. Suburban Building & Loan Ass’n, La.App., 163 So.
- Farve v. Danna 181 So. 823 La. Ct. App. 1st Cir. 1938
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Morris v. Hava
180 So. 216
La. Ct. App. 1st Cir. 1938
546, 549 , we again said: *219 “If the lease is executed by the husband, then, under well-established jurisprudence, the wife does not occupy the status of tenant.” See, also, Tesoro v. Abate, La.App., , and Harris v. Tennis, 149 La.