Cited by
Opinions in Louisiana that cite Edwards v. Shreveport Creosoting Co., 21 So. 2d 878.
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State v. Wells
45 So. 3d 577
La. 2010
Although “conclusive showing” is not defined, “conclusive” means “[s]hutting up a matter; shutting out all further evidence; not admitting of explanation or contradiction; putting an end to inquiry; final; irrefutable; decisive.” Black’s Law Dictionary, 362 (revised 4th ed.1968), , (1945).
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American Home Assurance Co. v. Johnson
373 So. 2d 742
La. Ct. App. 1st Cir. 1979
(1945); Lewis, supra; (La.App.
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Deville v. Townsend Bros. Construction Company
284 So. 2d 110
La. Ct. App. 3d Cir. 1973
Guillory v. Reimers-Schneider Co., La.App.
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Jennings v. Allstate Insurance Company
273 So. 2d 534
La. Ct. App. 1st Cir. 1973
445 , (1960); Edwards v. Shreveport Creosoting, Co., Inc., , (1945); 32 C.J.S.
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Sutherland v. Marsailles, Inc.
264 So. 2d 688
La. Ct. App. 1st Cir. 1972
In the latter case, Justice Viosca, speaking for the Supreme Court, stated: “ ‘As Judge McBride, speaking for the Orleans Court of Appeals, in the recent case of Fourchea v. Maloney Trucking & Storage, Inc., , and citing Edwards v. Shreveport Creosoting Co., Inc., , , said: “ ‘ “To prove a case by a preponderance of the evidence simply means evidence must be produced which is of greater weight or is more convincing than that which is offered in opposition to it.” “ ‘And Wigmore on Evidence,
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Morris v. Kaiser Aluminum & Chemical Co.
228 So. 2d 261
La. Ct. App. 1st Cir. 1969
569 , ; , ; Webber v. Wofford-Brindley Lumber Company, La.App., ; Guillory v. New Amsterdam Casualty Company, 244 La.
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Dunphy v. Liberty Mutual Insurance
177 So. 2d 610
La. Ct. App. 1st Cir. 1965
In reversing a lower court’s holding that the claimant had not proved his case by a preponderance of the evidence, , , 879-880: “The law is clear that the plaintiff in a compensation case bears the burden of proving his case with reasonable certainty, by a preponderance of the evidence.
- Gates v. Ashy Construction Company 171 So. 2d 742 La. Ct. App. 3d Cir. 1965
- Page v. Home Indemnity Co. 168 So. 2d 409 La. Ct. App. 1st Cir. 1964
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Lee v. Carwile
168 So. 2d 469
La. Ct. App. 3d Cir. 1964
See also: , , 880: "`By a preponderance of evidence is meant simply evidence which is of greater weight, or more convincing, than that which is offered in opposition to it.
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Town of Slidell v. Temple
164 So. 2d 276
La. 1964
445 , (1960) ; Edwards v. Shreveport Creosoting Co., Inc., , (1945); 32 C.J.S.
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Andrus v. Great American Insurance Company
161 So. 2d 109
La. Ct. App. 3d Cir. 1964
Guillory v. Reimers-Schneider Co., La.App.
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Hebert v. American Hardware Mutual Insurance
161 So. 2d 92
La. Ct. App. 1st Cir. 1964
879-880: “The law is clear that the plaintiff * * * bears the burden of proving his case with reasonable certainty, by a preponderance of the evidence.
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Bellard v. Liberty Mutual Insurance
150 So. 2d 624
La. Ct. App. 1st Cir. 1963
1077, 1078 , ; Edwards v. Shreveport Creosoting Co., Inc., , ; Montgomery v. Walter Kellogg Lumber Company, Inc., et al., La.
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Parks v. Southern Utility Co. of Shreveport
141 So. 2d 67
La. Ct. App. 1st Cir. 1962
1077, 1078 , ; Edwards v. Shreveport Creosoting Co., Inc., , ; Cotton v. Hartford Accident & Indemnity Co., La.App., ; Scott v. Roy O. Martin Lumber Co., Inc., La.App., ; Henderson v. New Amsterdam Casualty Co., La.App., ; Smith v. International Paper Co., La.
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Service Fire Insurance Company v. Johnson
138 So. 2d 410
La. Ct. App. 3d Cir. 1962
The Court quoted from Edwards v. Shreveport Creosoting Co., Inc., , , and said: "To prove a case by a preponderance of the evidence simply means evidence must be produced which is of greater weight or is more convincing than that which is offered in opposition to it."
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Kenny v. Schuylkill Products Co.
130 So. 2d 696
La. Ct. App. 1st Cir. 1961
Edwards v. Shreveport Creosoting Co., Inc., 1945, , ; Hardin v. *699 Operating Co. et al., 1947, 212 La.
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Porter v. Dennis Sheen Transfer, Inc.
130 So. 2d 450
La. Ct. App. 1st Cir. 1961
plaintiff’s burden was clearly defined: “The law is clear that the plaintiff in a compensation case bears the burden of proving his case with reasonable certainty, by a preponderance of the evidence.
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Waters v. LL Brewton Lumber Co.
120 So. 2d 842
La. Ct. App. 2d Cir. 1960
1077, 1078 , ; Edwards v. Shreveport Creosoting Co., Inc., , ; Montgomery v. Walter Kellogg Lumber Company, Inc., et al., La.App., ; Cotton v. Hartford Accident and Indemnity Company, La.App., ; Scott v. Roy O. Martin Lumber Company, Inc., La.App., ; Henderson v. New Amsterdam Casualty Company, La.
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Montgomery v. Walter Kellogg Lumber Co.
120 So. 2d 353
La. Ct. App. 1st Cir. 1960
1077, 1078 , ; Edwards v. Shreveport Creosoting Co., Inc., , ; Cotton v. Hartford Accident & Indemnity Co., La.
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Shaw v. F. & C. Engineering Co.
120 So. 2d 523
La. Ct. App. 1st Cir. 1960
In reversing a lower court’s holding that the claimant had not proved his case by a preponderance of the evidence, , , 879-880: “The law is clear that the plaintiff in a compensation case bears the burden of proving his case with reasonable certainty, by a preponderance of the evidence.
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Coltharp v. Hearin Tank Lines, Inc.
118 So. 2d 881
La. 1960
“As Judge McBride, speaking for the Orleans Court of Appeals, in the recent case of Fourchea v. Maloney Trucking & Storage, Inc., , and citing Edwards v. Shreveport Creosoting Co., Inc., , , said: “ ‘To prove a case by a preponderance of the evidence simply means evidence must be produced which is of greater weight or is more convincing than that which is offered in opposition to it.’ “And Wigmore on Evidence, Vol.
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Succession of Thibodeaux
116 So. 2d 525
La. 1959
Edwards v. Shreveport Creosoting Co., Inc., , .
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Guillory v. Employers Mutual Liability Insurance Co.
110 So. 2d 188
La. Ct. App. 1st Cir. 1959
Edwards v. Shreveport Creosoting Company, Inc., , ; Braziel v. Pope, La.App., ; Fourchea v. Maloney Trucking & Storage, Inc., La.App., ; and Davis v. Reynolds, La.App., .
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Thomas v. Crown-Zellerbach Corporation
101 So. 2d 478
La. Ct. App. 1st Cir. 1958
Guillory v. Reimers-Schneider Co., La.App.
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Guillory v. Reimers-Schneider Company
94 So. 2d 134
La. Ct. App. 1st Cir. 1957
The burden is upon the employer to prove the defense that the employee's willful failure to cooperate with medical treatment, or his willful misconduct, is the cause of the continued disability, , , and the proof to sustain this defense must be "clear, convincing and conclusive," Williams v. Texsun Supply Corporation, La.App.
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Fourchea v. Maloney Trucking and Storage
88 So. 2d 82
La. Ct. App. 1st Cir. 1956
Edwards v. Shreveport Creosoting Co., Inc., , .
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Roberts v. MS Carroll Co.
68 So. 2d 689
La. Ct. App. 2d Cir. 1953
2d 718 ; White v. Delta Shipbuilding Co., Inc., La.App., ; Whitfield v. E. J. Dupont De Nemours & Co., Inc., La.App., ; Edwards v. Shreveport Creosoting Co., Inc., , ; McCray v. Yarbrough, La.App., ; Brown v. R. P. Farnsworth & Co., La.App., ; Mitchell v. Littlejohn Transp.