Cited by

Opinions in Louisiana that cite Dodge v. Bituminous Casualty Corporation, 39 So. 2d 720.

61 citing documents.

Achord v. Great American Indemnity Co. 68 So. 2d 643 La. Ct. App. 1st Cir. 1953
The Supreme Court, , , in dealing with an exception of no cause or right of action had the following to say: "As a general rule, contributory negligence being a special defense cannot be pleaded on an exception of no cause of action, since negligence is a question of fact which must be determined by a trial on the meri
Columbia Fire Ins. v. Black 61 So. 2d 534 La. Ct. App. 1st Cir. 1952
Therefore, for the-purposes of this exception the plaintiff did not have to allege in its petition, that Sneed put out flares or a flagman to warn traffic on the highway or that there were any lights giving illumination upon Sneed’s car or the wrecker.” In Dodge v. Bituminous Casualty Corporation, 1949, , 723 , the Supreme Court on passing upon a similar exception, stated the; rule as follows: *537 “As a general rule, contributory negligence being a special defense cannot be pleaded on an except
Jenkins v. AR Blossman, Inc. 60 So. 2d 131 La. Ct. App. 1st Cir. 1952
In Dodge v. Bituminous Casualty Corporation, App.1949, , 39 So.2d XXX-XXX-XXX, the Supreme Court had this to say: "`As a general rule, contributory negligence being a special defense cannot be pleaded on an exception of no cause of action, since negligence is a question of fact which must be determined by a trial on the merits.
Watts v. Spikes 60 So. 2d 242 La. Ct. App. 1st Cir. 1952
umstances are alleged in this petition, and the allegations affirmatively show that this plaintiff was guilty of contributory negligence, which was the proximate cause of this accident, same is a bar to his recovery, and accordingly the exception of no cause of action will be and the same is hereby sustained.” , , in which the facts are strikingly similar to those alleged in the present case, in dealing with an exception of no cause of action had the following to say: “As a general rule, contrib
Finley v. Guidroz 58 So. 2d 271 La. Ct. App. 3d Cir. 1952
377 ; , ; Rea v. Dow Motor Co., La.App., , Buford v. Combs, La.App., , and Evans v. Kirby, La.App., .
Grigsby v. Employers Liability Assur. Corp. 57 So. 2d 910 La. Ct. App. 1st Cir. 1952
In Dodge v. Bituminous Casualty Corporation, App.1949, , -721-722, the Supreme Court had this to say: “As a general rule, contributory negligence being a special defense cannot be pleaded on an exception of no cause of action, since negligence is a question of fact which must be determined by a trial on the merits.
Arata v. Orleans Capitol Stores, Inc. 55 So. 2d 239 La. 1951
Jones v. Burke 51 So. 2d 322 La. Ct. App. 1st Cir. 1951
the court referred favorably to Gibbs v. Illinois Central R. Co., 169 La.
Buford v. Combs 50 So. 2d 469 La. Ct. App. 1st Cir. 1951
238 ; , ; Rea v. Dow Motor Company, La.App., ."
Lobell ex rel. Hardware Mut. Cas. Co. v. Neal 48 So. 2d 797 La. Ct. App. 1st Cir. 1950
While there is no doubt that an exception of no cause or no right of action may be filed at any time and in any court, , , held: “As a general rule, contributory negligence being a special defense cannot be pleaded on an exception of no cause of action, since negligence ■ is a question of fact which must be determined by a trial on the merits.
Woodall v. Southern Scrap Material Co. 40 So. 2d 495 La. Ct. App. 1st Cir. 1949