Cited by
Opinions in Louisiana that cite Parker v. City of New Orleans, 1 So. 2d 123.
- Swain v. Sewerage & Water Bd. of New Orleans 413 So. 2d 233 La. Ct. App. 4th Cir. 1982
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Penn v. Schwegmann Westside Expressway, Inc.
391 So. 2d 978
La. Ct. App. 1st Cir. 1980
The overturned cart in fact presented a trap for those unwary of the hole who would attempt to upright the cart.” Hidden traps or defects have relieved claimants of contributory negligence where the defect was covered by leaves, (Orls.La.App.1941), and where the defect was covered with gravel, Merchant v. Montgomery Ward & Company, (La.App.
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Baggett v. City of Bogalusa
391 So. 2d 1210
La. Ct. App. 1st Cir. 1980
Parker v. City of New Orleans, La.App., .
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Reinhard v. City of New Orleans
371 So. 2d 286
La. Ct. App. 4th Cir. 1979
Parker v. City of New Orleans, La.App., .
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Gauthier v. Aetna Casualty & Surety Co.
286 So. 2d 103
La. Ct. App. 1st Cir. 1973
A , (Or.App.1941), wherein the Court of Appeal held that the conclusion of the trial court was justified in holding that the plaintiff pedestrian was not guilty of contributory negligence because the defect in the curbing was covered with leaves so that she could not, by casual glance or inspection, detect it.
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Mistich v. Matthaei
277 So. 2d 239
La. Ct. App. 4th Cir. 1973
Parker v. City of New Orleans, La.App., .
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Hicks v. Board of Supervisors of Louisiana State University & Agricultural & Mechanical College
189 So. 2d 90
La. Ct. App. 1st Cir. 1966
At any rate, under all the circumstances, Estes was not negligent in using the rear passageway.” In support of plaintiffs’ position, they also site the cases of Brantley v. City of Baton Rouge, La.App., ; Parker v. City of New Orleans, La.App., .
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Martin v. City of Opelousas
185 So. 2d 223
La. Ct. App. 1st Cir. 1966
fect is slight, there can be no recovery and, even if it is patently dangerous, the municipality is not responsible unless it has had actual notice of it or unless the condition has been permitted to remain in its dangerous state for such a length of time as to warrant the conclusion that the municipality is negligent in failing to discover and correct it.’ Parker v. City of New Orleans, La.App., .
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KIDER v. City of Opelousas
185 So. 2d 66
La. Ct. App. 3d Cir. 1966
Parker v. City of New Orleans, La.App., .
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Kinard v. City of Jennings
184 So. 2d 570
La. Ct. App. 3d Cir. 1966
App., ; Cobb v. Town of Winnsboro, La.App., ; Foster v. Employers Liability Assurance Corporation, Ltd., La.App., ; Bond v. City of Baton Rouge, La.App., ; Toppi v. Arbour, La.App., ; St.
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Escardille v. City of New Orleans
175 So. 2d 404
La. Ct. App. 1st Cir. 1965
den.); Parker v. City of New Orleans, La.App., .
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Castrinos v. City of New Orleans
172 So. 2d 357
La. Ct. App. 1st Cir. 1965
425 , ; Parker v. City of New Orleans, La.App., .
- St. Paul v. MacKenroth 165 So. 2d 273 La. 1964
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Mockosher v. City of Shreveport
155 So. 2d 438
La. Ct. App. 1st Cir. 1963
In Parker v. City of New Orleans, La.App., (Orl.1941), McCaleb, J., discussed the requirements for liability of a municipality for injuries to pedestrians using its sidewalks; “ * * * in order for a pedestrian to hold a municipality responsible for injuries occasioned by defects in its sidewalks, streets or highways, it must be shown (1) that the unsound
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Bond v. City of Baton Rouge
129 So. 2d 887
La. Ct. App. 1st Cir. 1961
The rule enunciated in the Miller case, supra, was reaffirmed in Parker v. City of New Orleans, La.App., , in which the following pronouncements appear: "The jurisprudence with respect to the liability of a municipality for injuries to pedestrians using its streets is well settled (citing cases).
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Foster v. Employers Liability Assurance Corp., Ltd.
129 So. 2d 913
La. Ct. App. 1st Cir. 1961
App., , Justice McCaleb, now a member of the Louisiana Supreme Court, reviewed the jurisprudence with respect to the liability of a municipality for injuries to pedestrians using its streets.
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Brown v. Parish of East Baton Rouge
126 So. 2d 173
La. Ct. App. 1st Cir. 1960
Parker v. City of New Orleans, La.App., .
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Toppi v. Arbour
119 So. 2d 621
La. Ct. App. 1st Cir. 1960
Parker v. City of New Orleans, La.App., ; 63 C.J.S.
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Brantley v. City of Baton Rouge
98 So. 2d 824
La. Ct. App. 1st Cir. 1957
Parker v. City of New Orleans, supra [La.App., ]; Holbrook v. City of Monroe, supra [La.App., 157 So.
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Merchant v. Montgomery Ward & Company
83 So. 2d 920
La. Ct. App. 1st Cir. 1955
566, 567 , to fail to notice an open pipe 2½ inches in diameter in which she caught her heel; nor, in Parker v. City of New Orleans, La.App., , to fail to notice a break in the curbing covered with leaves (just as here the chain was mingled in the gravel).
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Hamilton v. City of Monroe
72 So. 2d 576
La. Ct. App. 1st Cir. 1954
Parker v. City of New Orleans, La.App., , presented a situation where plaintiff stepped into a hole in the sidewalk covered with leaves and, in attempting to extricate her foot, tripped over the metal binder or edging of the concrete and fell to the street, causing the injuries constituting the basis of her suit.
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Hudgens v. City of New Orleans
54 So. 2d 536
La. Ct. App. 1st Cir. 1951
308 , ; Parker v. City of New Orleans, La.App., .
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Cobb v. Town of Winnsboro
49 So. 2d 625
La. Ct. App. 1st Cir. 1950
In the case of Parker v. City of New Orleans, La.App., , Judge McCaleb, now a member of the Supreme Court of this State, had occasion to discuss and consider the duties of municipalities with respect to the upkeep and maintenance of their sidewalks, streets and highways, and cited therein an array of cases that support the conclusions reached, in view of the facts of
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Howard v. Great American Indemnity Co.
36 So. 2d 881
La. Ct. App. 1st Cir. 1948
App., and Rodriguez v. City of Sulphur, La.
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Delahoussaye v. City of New Iberia
33 So. 2d 75
La. Ct. App. 1st Cir. 1947
App., *Page 78 , the court held that the city had constructive notice of a defect in the sidewalk where the condition had existed for two months.
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Rodriguez v. City of Sulphur
28 So. 2d 771
La. Ct. App. 1st Cir. 1947
App., , is very similar to the present case, particularly on the question of contributory negligence.
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Bodenheimer v. City of New Orleans
18 So. 2d 224
La. Ct. App. 1st Cir. 1944
See Parker v. City of New Orleans, La.App., , and authorities there cited.
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Kuntz v. City of New Orleans
10 So. 2d 658
La. Ct. App. 1st Cir. 1942
566 ; Parker v. City of New Orleans, La.App., .
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Cato v. City of New Orleans
4 So. 2d 450
La. Ct. App. 1st Cir. 1941
In the recent case of Parker v. City of New Orleans, La.App., , 125, this Court said: "In Lorenz v. City of New Orleans, supra [ 114 La.