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Cited by

Opinions in Louisiana that cite Burmaster v. Texas Pacific-Missouri Pacific Terminal R. R. of New Orleans, 174 So. 135.

17 citing documents.

  • First National Bank of Lafayette v. Francis I. Dupont & Co. 203 So. 2d 397 La. Ct. App. 1st Cir. 1967
    of New Orleans, La.App., .
  • Lee v. Peerless Insurance Company 183 So. 2d 328 La. 1966
    717 ; Burmaster v. Texas Pacific-Missouri Pacific T. R. R., La.App., ; Howard v. Rowan, La.App., 154 So.
  • Colclough v. Orleans Parish School Board 166 So. 2d 647 La. Ct. App. 4th Cir. 1964
    445 ; Burmaster v. Texas Pacific-Missouri Pacific Terminal Railroad of New Orleans, La.App., ; Pittman v. Gifford-Hill & Co., Inc., La.App., 188 So.
  • Youngblood v. Newspaper Production Company 135 So. 2d 620 La. Ct. App. 2d Cir. 1961
    445 ; Burmaster v. Texas Pacific Missouri Pacific T. R. R., La.App.Orleans, 1937, .
  • Overruled Wiltz v. Esso Standard Oil Co. 126 So. 2d 649 La. Ct. App. 1st Cir. 1961
    This was the rule announced in Burmaster v. Texas Pacific-Missouri Pacific Terminal Railroad, La.App., , which has been consistently followed in the jurisprudence of this state.
  • Brown v. Parish of East Baton Rouge 126 So. 2d 173 La. Ct. App. 1st Cir. 1960
    In Burmaster v. Texas Pacific-Missouri Pacific Terminal Railroad of New Orleans, La.App., , it was stated: "We understand that doctrine to mean that an exception of no cause of action can never be meritoriously pleaded to a petition sounding in damages for personal injury or death on the ground of contributory negligence of the plaintiff, unless its charges are such as to exclude every other reasonabl
  • Bolton v. North River Insurance Company 102 So. 2d 544 La. Ct. App. 1st Cir. 1958
    445 ; Burmaster v. Texas Pacific-Missouri Pacific Terminal Railroad of New Orleans, La.App., ; Pittman v. Gifford-Hill & Co., Inc., La.App., 188 So.
  • Bergeron v. Greyhound Corporation 100 So. 2d 923 La. Ct. App. 1st Cir. 1958
    445 and Burmaster v. Texas Pacific-Missouri Pacific Terminal Railroad, La.App.Orleans, , concerning similar reversals in railroad-pedestrian accidents.
  • Brignac v. Fontenot 96 So. 2d 66 La. Ct. App. 1st Cir. 1957
    445 ; Burmaster v. Texas Pacific-Missouri Pacific Terminal Railroad of New Orleans, La.App., ; Pittman *70 v. Gifford-Hill & Co., Inc., La.App., 188 So.
  • McCullin v. State 94 So. 2d 585 La. Ct. App. 1st Cir. 1957
    In giving this rule effect, the Court of Appeal for the Parish of Orleans, , stated: “We understand that doctrine to mean that an exception of no1 cause of action can never be meritoriously pleaded to a petition sounding in damages for personal injury or death on the ground of contributory negligence of the plaintiff, unless its charges are such as to exclude every other reasonable hypo
  • Downs v. Underwriters at Lloyd's, London 90 So. 2d 504 La. Ct. App. 1st Cir. 1956
    The further qualification of the rule was clearly set forth in Burmaster v. Texas Pacific-Missouri Pacific Terminal R. of New Orleans, La.App., , wherein the court said: “The Supreme Court, in the Gibbs Case has laid down a broad rule with respect to the sufficiency of petitions in damage suits where allegations are made which inferentially disclose ■contributory negligence on the part of the plaintiff.
  • Columbia Fire Ins. v. Black 61 So. 2d 534 La. Ct. App. 1st Cir. 1952
    App.] ; Iglesias v. Campbell, [La.App.]
  • Arata v. Orleans Capitol Stores, Inc. 55 So. 2d 239 La. 1951
    445 ; Burmaster v. Texas Pacific-Missouri Pacific Terminal Railroad of New Orleans, La.App., ; Pittman v. Gifford-Hill & Co., Inc., La.App., 188 So.
  • Randazzo v. Falgout 54 So. 2d 642 La. Ct. App. 5th Cir. 1951
    In the case of Burmaster v. Texas Pacific-Missouri Pacific, T. R. R. Co., La.App., , we had occasion to review the prior jurisprudence respecting the maintenance of an exception of no -cause of action in a suit for personal injuries, where the exception was leveled at allegations manifesting contributory negligence on the part of the plaintiff.
  • West v. Ray 26 So. 2d 221 La. 1946
    In Burmaster v. Texas Pacific-Missouri Pacific Terminal R. R. of New Orleans, La.App., , Judge McCaleb, as the organ of the Court of Appeal for the Parish of Orleans-, voiced the test to be applied in such cases in very apt language, saying: “The Supreme Court, in the Gibbs case, has laid down a broad rule with respect to the sufficiency of 'petitions in damage suits where allegations are made whic
  • Cuneo v. Waddell 189 So. 619 La. Ct. App. 1st Cir. 1939
    App., , we had occasion to review the- prior jurisprudence, respecting the maintenance of an exception of no cause of action in a suit for .personal injuries, where the exception was leveled at allegations exhibiting contributory negligence on the part of the plaintiff.
  • Hardtner v. &198tna Casualty Surety Co. 189 So. 365 La. Ct. App. 1st Cir. 1939
    In the case of Burmaster v. Texas Pacific-Missouri Pacific, Terminal R. Co. of New Orleans, La.App., , and the case therein cited of Gibbs v. Illinois Cent.