Cited by
Opinions in Louisiana that cite State v. Woolfarth, 127 So. 376.
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Matte v. Continental Trailways, Inc.
278 So. 2d 60
La. 1973
95 , (1930); Hopkins v. New Orleans Railway & Light Co., 150 La.
- Payton v. New Orleans Public Service, Inc. 270 So. 2d 318 La. Ct. App. 1st Cir. 1972
- Cary v. New Orleans Public Service, Inc. 250 So. 2d 92 La. Ct. App. 4th Cir. 1971
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Schenker v. Randle
209 So. 2d 327
La. Ct. App. 1st Cir. 1968
95 , ; Johnson v. New Orleans Public Service, Inc., La.App., .
- Pilie v. National Food Stores of Louisiana, Inc. 158 So. 2d 162 La. 1963
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Landry v. Travelers Indemnity Company
155 So. 2d 102
La. Ct. App. 1st Cir. 1963
95 , ; Wallace v. Shreveport Rys.
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Johnson v. New Orleans Public Service, Inc.
139 So. 2d 7
La. Ct. App. 4th Cir. 1962
95 , ; Hopkins v. New Orleans Railway & Light Co., 150 La.
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Dixon v. Jenkins
139 So. 2d 49
La. Ct. App. 1st Cir. 1962
95 , ; Roy v. New Orleans Public Service, Inc., La.App., ; Ensminger v. New Orleans Public Service, Inc., La.App., ; Oppenheim v. Toye Bros. Yellow Cab Co., La.App., ; Hughes v. Baton Rouge Electric Co., La.App., 188 So.
- Rebert v. New Orleans Public Service, Inc. 137 So. 2d 489 La. Ct. App. 4th Cir. 1962
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Gunter v. State, Department of Highways
127 So. 2d 31
La. Ct. App. 1st Cir. 1961
95 , ], was approved in Mays et al. v. Southwestern Gas & Elec.
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Llorens v. City of Alexandria
106 So. 2d 342
La. Ct. App. 1st Cir. 1958
95 , , to the extent that, in establishing its freedom from negligence as a cause of the breach of the contract of carriage, it was npt necessary for the carrier to affirmatively prove the exact cause of the breach.
- Metoyer v. Sewerage & Water Board 100 So. 2d 792 La. Ct. App. 1st Cir. 1958
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Quill v. Checker Cab Co. of New Orleans
100 So. 2d 548
La. Ct. App. 1st Cir. 1958
95 , ; Ensminger v. New Orleans Public Service, La.App.1953, .
- Weems v. Toye Bros. Yellow Cab Co. 93 So. 2d 242 La. Ct. App. 1st Cir. 1957
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Andrepont v. Ochsner
84 So. 2d 63
La. Ct. App. 1st Cir. 1955
95 , , 378: "`Our conclusion is that the doctrine of the Hopkins, Spurlock, and LeBlanc cases [Hopkins v. New Orleans R. & L. Co., 150 La.
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Rauscholb v. Continental Southern Lines, Inc.
81 So. 2d 87
La. Ct. App. 1st Cir. 1955
95 , ; Dillon v. New Orleans Public Service, Inc., La.App., 170 So.
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Roy v. New Orleans Public Service, Inc.
76 So. 2d 425
La. Ct. App. 4th Cir. 1954
95 , , it has been held in this State that “the burden of proof is on the carrier to show that it was free from any negligence which *427 might have caused the accident,” but that in showing this it is not necessary that the carrier show the actual cause, provided that “it does show that the injury occurred through no
- Leigh v. Johnson-Evans Motors 75 So. 2d 710 La. Ct. App. 2d Cir. 1954
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Schmitt v. Algiers Public Service Co.
69 So. 2d 754
La. Ct. App. 1st Cir. 1954
95 , , it has been established that a carrier, in order to free itself from liability to a passenger, must show that it was without fault which caused or contributed to the accident.
- Wooten v. Thompson 69 So. 2d 557 La. Ct. App. 1st Cir. 1953
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Meyer v. St. Paul-Mercury Indemnity Co.
61 So. 2d 901
La. Ct. App. 1st Cir. 1952
95 , , 378: "Our conclusion is that the doctrine of the Hopkins, Spurlock, and LeBlanc Cases is correct in so far as these cases hold that, where a passenger is injured, the burden of proof is on the carrier to show that it was free from any negligence which might have caused the accident, but that the doctrine of those ca
- Marks v. Highway Ins. Underwriters 51 So. 2d 819 La. Ct. App. 2d Cir. 1951
- Burnett v. Yellow Cab Co. of Shreveport 50 So. 2d 670 La. Ct. App. 1st Cir. 1951
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Brott v. Texas Pac. Ry. Co.
35 So. 2d 801
La. Ct. App. 1st Cir. 1948
95 , , the Supreme Court of Louisiana laid down the rule that a carrier is not required to show how and why a passenger was injured to bar recovery.
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Murphy v. Henderson
23 So. 2d 369
La. Ct. App. 1st Cir. 1945
95 , ; Dillon v. New Orleans Public Service, Inc., La.
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Gross v. Teche Lines, Inc.
21 So. 2d 378
La. 1945
95 , ; Dillon v. New Orleans Public Service, Inc., La.App., 170 So.
- Bailey v. Owen 19 So. 2d 299 La. Ct. App. 1st Cir. 1944
- Perret v. Toye Bros. Yellow Cab Co. 17 So. 2d 835 La. Ct. App. 1st Cir. 1944
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Pierce v. Toye Bros. Yellow Cab Co.
8 So. 2d 562
La. Ct. App. 1st Cir. 1942
95 , ; Gaines v. Teche Lines, La.App., 176 So.
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Oppenheim v. Toye Bros. Yellow Cab Co.
7 So. 2d 420
La. Ct. App. 1st Cir. 1942
95 , ; Dillon v. New Orleans Public Service, Inc., La.App., 170 So.
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Valdry v. Baton Rouge Bus Co.
5 So. 2d 173
La. Ct. App. 1st Cir. 1941
95 , ; Wallace v. Shreveport Rys.
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Anderson v. City of Monroe
2 So. 2d 499
La. Ct. App. 1st Cir. 1941
95 , , and Wallace v. Shreveport Railways Company, La.App., 175 So.
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Fernandez v. Tri-State Transit Co. of Louisiana, Inc.
194 So. 84
La. Ct. App. 1st Cir. 1939
95 , , and Wallace v. Shreveport Railways Co., La.App., 175 So.
- Townley v. Pomes 191 So. 702 La. Ct. App. 1st Cir. 1939
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Owens v. Monzingo
191 So. 581
La. Ct. App. 2d Cir. 1939
95 , ; Wallace v. Shreveport Rys.
- Hughes v. Baton Rouge Electric Co. 188 So. 473 La. Ct. App. 1st Cir. 1939
- Gulf Ins. Co. v. Temple 187 So. 814 La. Ct. App. 1st Cir. 1939
- Royal Ins. Co. v. Collard Motors, Inc. 179 So. 108 La. Ct. App. 1st Cir. 1938
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Matteson v. Teche Greyhound Lines
178 So. 272
La. Ct. App. 1st Cir. 1938
95, 97 , and Hart v. Gulf, Mobile & Northern R. R. Co., La.App., 167 So.
- Gaines v. Teche Lines, Inc. 176 So. 134 La. Ct. App. 1st Cir. 1937
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Wallace v. Shreveport Rys. Co.
175 So. 86
La. Ct. App. 1st Cir. 1937
95 , , the court, in one respect, expressly modified the rule first announced in the Julien Case.
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Peterson v. Louisiana Power & Light Co.
174 So. 644
La. Ct. App. 1st Cir. 1937
95 , ), and, while it is true that the burden of proof in such cases is on the carrier, if the facts are such as to indicate that the passenger had no knowledge of the cause of the accident (McGinn v. New Orleans Ry.
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Gates v. Bisso Ferry Co.
172 So. 829
La. Ct. App. 1st Cir. 1937
95, 97 , , and other cases.
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Bynum v. City of Monroe
171 So. 116
La. Ct. App. 1st Cir. 1936
95 , ]” was reaffirmed and applied.
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Dillon v. New Orleans Public Service, Inc.
170 So. 406
La. Ct. App. 1st Cir. 1936
95 , , is that the carrier has the burden of showing that it was free from any negligence which might have caused injury to its passenger, but it is not required to show how and why the passenger was injured in order to bar recovery.
- Wark v. New Orleans Public Service, Inc. 168 So. 797 La. Ct. App. 1st Cir. 1936
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Hart v. Gulf, M. N. R. Co.
167 So. 166
La. Ct. App. 1st Cir. 1936
95, 97 , ; Nee v. New Orleans Pub.
- Alford v. Bisso Ferry Co. 161 So. 368 La. Ct. App. 1st Cir. 1935
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Upton v. Bell Cabs, Inc.
154 So. 359
La. Ct. App. 1st Cir. 1934
96 , ; Baptiste v. N. O. Public Service, Inc., 13 La.
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Liberty Mut. Ins. Co. v. Benton
153 So. 479
La. Ct. App. 1st Cir. 1934
95 , , plaintiff’s demand is rejected.