Cited by
Opinions in Louisiana that cite Gross v. Great Atlantic Pacific Tea Co., 25 So. 2d 837.
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Demeritt v. Trahan
755 So. 2d 952
La. Ct. App. 1st Cir. 1999
1 Cir.1946); Gross v. [Great] Atlantic & Pacific Tea Co., Pierson v. Sterling Sugars, Inc., 149 So.
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Skains v. Tidwell
359 So. 2d 247
La. Ct. App. 2d Cir. 1978
2d Cir., 1965) and Gross v. Great Atlantic & Pacific Tea Co.
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Matthews v. Sno's Seafood & Steak House, Inc.
356 So. 2d 527
La. Ct. App. 1st Cir. 1977
ERROR NO. 3 Irrespective of the fact that the Trial Judge relied on the cases of Gross v. Great Atlantic & Pacific Tea Co., (La.App.
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Morneau v. American Oil Company
272 So. 2d 313
La. 1973
1st Cir. 1943); Gross v. Great Atlantic & Pacific Tea Co., (La.App.
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Baughman v. Wells
171 So. 2d 759
La. Ct. App. 1st Cir. 1965
The jurisprudence of this State appropriate to the issues presented here was reviewed in Gross v. Great Atlantic & Pacific Tea Co., La.App., -840 (1946 — cert, denied), wherein Judge Jan-vier, as the author of the opinion, stated: “There are, of course, innumerable cases touching upon the effect in a tort action or in a criminal prosecution for assault of provocative words.
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Moore v. Travelers Insurance Co.
143 So. 2d 256
La. Ct. App. 1st Cir. 1962
Counsel for plaintiff cites the case of Gross v. Great Atlantic and Pacific Tea Company, La.App., .
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Velotta v. Liberty Mutual Insurance Company
132 So. 2d 51
La. 1961
Co., La.App., ; Gore v. Haynes, La.App., ; Gross v. Great Atlantic & Pacific Tea Co., La.App., ; Pierson v. Sterling Sugars, Inc., La.App., 149 So.
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Velotta v. Liberty Mutual Insurance Co.
126 So. 2d 445
La. Ct. App. 1st Cir. 1960
ection provides: *447 "In determining whether or not an employer shall be exempt from and relieved of paying compensation because of injury sustained by an employee for the causes and reasons set forth in this Section, the burden of proof shall be upon the employer.” This statutory provision received careful consideration in Gross v. Great Atlantic & Pacific Tea Company, La.App.Orleans, 1946, .
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Wells v. Perkins
101 So. 2d 740
La. Ct. App. 1st Cir. 1958
627, 629 ; Gross v. Great Atlantic & Pacific Tea Company, La.App.1946, .
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Davis v. Maddox
100 So. 2d 905
La. Ct. App. 1st Cir. 1958
632 and in Bacas v. Laswell, La.App., , are consistent with this conclusion.’ “The ruling in Gross v. Great Atlantic & Pacific Tea Co., La.App., , has been referred to with approval in Jenkins v. Cities Service Refining Corporation, La.App., and Conley v. Travelers Insurance Co., La.App., .” Robertson v. Palmer, La.App., , at page 410, expresses our opinion upon this point as: “It is well established, as the jurisprudence
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Freeman v. Clark
88 So. 2d 419
La. Ct. App. 1st Cir. 1956
In Gross v. Great Atlantic & Pacific Tea Company, La.App.1946, , the court held that mere verbal provocations, unless they are extremely serious, should not be considered in a compensation proceeding as the commencement of an affray resulting in injury to compensation claimant, but the court should look to the first physical act or the first threat of violence accompanied by appa
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Cater v. Travelers Insurance Company
83 So. 2d 514
La. Ct. App. 2d Cir. 1955
Gross v. Great Atlantic & Pacific Tea Co., La.App.1946, .
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Smith v. Parker
59 So. 2d 718
La. Ct. App. 2d Cir. 1952
627, 629 ; Gross v. Great Atlantic & Pacific Tea Company, La.App., 1946, .
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Conley v. Travelers Ins. Co.
53 So. 2d 681
La. Ct. App. 2d Cir. 1951
Counsel for defendant relies, inter alia, upon the case of Gross v. Great Atlantic & Pacific Tea Company, La.App., .
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Jenkins v. Cities Service RefinIng Corp.
44 So. 2d 719
La. Ct. App. 1st Cir. 1950
No compensation shall be allowed for an injury caused (1) by the injured employee’s wilful intention-to injure himself or to injure another * * One of the leading recent cases on this point is the case of Gross v. Great Atlantic & Pacific Tea Co., La.App., , wherein considerable Louisiana jurisprudence was reviewed and which is, in our opinion, authority that no recovery can be had herein by the plaintiff from either of the defendants.
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Burkhardt v. City of Monroe
37 So. 2d 601
La. Ct. App. 1st Cir. 1948
App., ; Morvant v. Aetna Casualty Surety Co., La.