Cited by

Opinions in Louisiana that cite Oakes v. H. Weil Baking Co., 141 So. 456.

36 citing documents.

Landry v. Bellanger 851 So. 2d 943 La. 2003
State v. Gonday 442 So. 2d 703 La. Ct. App. 1st Cir. 1983
1st Cir.1966); , 141 So.
Dixon v. Winston 417 So. 2d 122 La. Ct. App. 3d Cir. 1982
Curry v. Bagwell 379 So. 2d 1163 La. Ct. App. 1st Cir. 1980
Oakes v. H. Weil Baking Co., et al., , 141 So.
Babineaux v. PERNIE BAILEY DRILLING CO. 335 So. 2d 747 La. Ct. App. 3d Cir. 1976
Tripoli v. Gurry, supra , , 141 So.
Caroli v. Britt 284 So. 2d 188 La. Ct. App. 1st Cir. 1973
Bond v. Toriello 260 So. 2d 727 La. Ct. App. 4th Cir. 1972
1st Cir., 1939); , 141 So.
McCullough v. McANNELLY 248 So. 2d 7 La. Ct. App. 1st Cir. 1971
Tripoli v. Gurry 218 So. 2d 563 La. 1969
Tripoli v. Gurry 206 So. 2d 163 La. Ct. App. 1st Cir. 1968
Broadway v. Wester 193 So. 2d 855 La. Ct. App. 1st Cir. 1967
Bauman v. Heausler 188 So. 2d 189 La. Ct. App. 4th Cir. 1966
Smith v. Foucha 172 So. 2d 318 La. Ct. App. 4th Cir. 1965
In Oakes v. H. Weil Baking Co., et al., , 141 So.
Baughman v. Wells 171 So. 2d 759 La. Ct. App. 1st Cir. 1965
Thus, it has been said that one who is himself at fault cannot recover damages for a wrong resulting from such fault, although the party inflicting the injury was not justified in law.— , 141 So.
Rivers v. Brown 168 So. 2d 400 La. Ct. App. 3d Cir. 1965
However, we think the correct rule is as stated in Landry v. Gilger Drilling Co. (1st Cir.App.1957) : "The aggressor doctrine does not apply against the original aggressor insofar as excessive force, or force beyond what is reasonably required under the circumstances of the case, is used against his person, , 141 So.
Berryman v. International Paper Co. 139 So. 2d 806 La. Ct. App. 1st Cir. 1962
Wilson v. Dimitri 138 So. 2d 618 La. Ct. App. 4th Cir. 1962
McInnis v. Terry 121 So. 2d 329 La. Ct. App. 1st Cir. 1960
Wells v. Perkins 101 So. 2d 740 La. Ct. App. 1st Cir. 1958
395 ; Oakes v. H. Weil Baking Company, 1932, , 141 So.
Landry v. Gilger Drilling Company 92 So. 2d 482 La. Ct. App. 1st Cir. 1957
Ayo v. Stephens 92 So. 2d 150 La. Ct. App. 1st Cir. 1957
1950, 44 So.2d [347] 348; Oakes v. H. Weil Baking Co., 1932, , 141 So.
Purnell v. Jackson 91 So. 2d 67 La. Ct. App. 1st Cir. 1956
Smith v. Bankston 75 So. 2d 880 La. Ct. App. 1st Cir. 1954
Reber v. Sandoz 63 So. 2d 876 La. Ct. App. 1st Cir. 1953
“There is a further line of jurisprudence in this State to the effect the assault must not have gone beyond what was reasonably brought on by the provocative acts, and if more force is used than is necessary to repel the assault then it is unjustified: , 141 So.
Gordon v. Pittman 61 So. 2d 609 La. Ct. App. 1st Cir. 1952
Smith v. Parker 59 So. 2d 718 La. Ct. App. 2d Cir. 1952
395 ; Oakes v. H. Weil Baking Company, 1932, , 141 So.
Esnault v. Richard 53 So. 2d 494 La. Ct. App. 1st Cir. 1951
Britt v. Merritt 45 So. 2d 902 La. Ct. App. 2d Cir. 1950
See: Oakes v. H. Weil Baking Co. , 141 So.
Gross v. Great Atlantic Pacific Tea Co. 25 So. 2d 837 La. Ct. App. 1st Cir. 1946
Bacas v. Laswell 22 So. 2d 591 La. Ct. App. 1st Cir. 1945
Sheppard v. Causey 8 So. 2d 86 La. Ct. App. 2d Cir. 1942
Defendant contends that the facts as we have found them to be do not under the jurisprudence of this State make defendant liable to plaintiff in any amount and he relies principally upon the following cases: , 141 So.
Healey v. Playland Amusements, Inc. 199 So. 682 La. Ct. App. 1st Cir. 1941
Young v. Broussard 189 So. 477 La. Ct. App. 1st Cir. 1939
Welch v. Van Valkenburgh 189 So. 297 La. Ct. App. 1st Cir. 1939
* * * * * “Our view of the case is that deceased, by his conduct and especially his attempted assault upon defendant, provoked the difficulty which resulted in his death, and that, under the law, his widow cannot recover.” The settled jurisprudence of this state on the subject is to the effect, , 141 So.
Randall v. Ridgley 185 So. 632 La. Ct. App. 1st Cir. 1939
Espenan v. Carona 179 So. 119 La. Ct. App. 1st Cir. 1938