Cited by
Opinions in Louisiana that cite Cassar v. Mansfield Lumber Co., 41 So. 2d 209.
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Pence v. Ketchum
326 So. 2d 831
La. 1976
(1949); Jackson v. Cook, 189 La.
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Walker v. Milton
253 So. 2d 566
La. Ct. App. 1st Cir. 1971
She claims that she was then in a position of peril from which she was unable to extricate herself, and that Mr. Milton knew of it when he still had the means at his disposal to avoid the accident, citing Cassar v. Mansfield Lumber Co., Inc., , (1949).
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Distinguished
Fontenot v. Southern Farm Bureau Casualty Insurance Co.
248 So. 2d 596
La. Ct. App. 1st Cir. 1971
ucier had the last clear chance to avoid this accident; that Saucier should have been fully apprised of the fact that an accident was inevitable if he attempted to pass where there were double “no-pass” lines on the center of the highway; that he had the last clear chance to avoid the accident by restraining his impulse to pass; , (1949).
- Jordan v. Travelers Insurance Company 245 So. 2d 151 La. 1971
- Flournoy v. Otero 212 So. 2d 559 La. Ct. App. 3d Cir. 1968
- Lee v. Peerless Insurance Company 183 So. 2d 328 La. 1966
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Simms v. Sims
181 So. 2d 449
La. Ct. App. 1st Cir. 1965
Co., , , Jackson v. Cook, 189 La.
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Pennington v. Justiss-Mears Oil Company
134 So. 2d 53
La. 1961
v. Mansfield Lumber Company, Inc. et al., , , Blades v. Southern Farm Bureau Casualty Insurance Company, 237 La.
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Boudreaux v. Davis
134 So. 2d 349
La. Ct. App. 1st Cir. 1961
and Leonard v. Holmes & Barnes, 232 La.
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Deshotels v. United States Fire Insurance Company
132 So. 2d 504
La. Ct. App. 3d Cir. 1961
and Leonard v. Holmes & Barnes, 232 La.
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McFarland v. Illinois Central Railroad Co.
127 So. 2d 183
La. 1961
v. Mansfield Lumber Company, Inc. et al., , , and Blades v. Southern Farm Bureau Casualty Insurance Company, 237 La.
- Martin v. Firemen's Insurance Co. of Newark 127 So. 2d 328 La. Ct. App. 1st Cir. 1961
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Spiers v. Consolidated Companies, Inc.
125 So. 2d 795
La. Ct. App. 1st Cir. 1960
The Rottman case is not authority for holding that, merely because the driver of the car in this case did not actually see the plaintiff, the defendant is not liable.” Innumerable subsequent decisions have reaffirmed the above principles, including the more recent cases of Cassar v. Mansfield Lumber Co., Inc., , and Litton v. Samuel, La.App., .
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Johnson v. Wilson
118 So. 2d 450
La. 1960
and Leonard v. Holmes & Barnes, 232 La.
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Mobley v. Citizens Mutual Automobile Insurance Co.
117 So. 2d 89
La. Ct. App. 1st Cir. 1959
153 ; Cassar v. Mansfield Lumber Co., Inc., 1949, , .
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Richardson v. Employers Liability Assurance Corp.
116 So. 2d 188
La. Ct. App. 1st Cir. 1959
2 Cir., , or holding that the left-turning driver had the clear chance to avoid the accident, , .
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Benjamin v. Southern Farm Bureau Casualty Insurance
113 So. 2d 19
La. Ct. App. 1st Cir. 1959
Co., , ; Jackson v. Cook, 189 La.
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Blades v. Southern Farm Bureau Casualty Insurance
110 So. 2d 116
La. 1959
905 ; , ; Speed v. Page, 222 La.
- Bourgeois v. Fidelity & Casualty Co. of New York 102 So. 2d 532 La. Ct. App. 1st Cir. 1958
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McElveen v. Gant
102 So. 2d 477
La. 1958
Co., , , Jackson v. Cook, 189 La.
- Mouton v. Pacific Indemnity Co. 102 So. 2d 563 La. Ct. App. 1st Cir. 1958
- Johnson v. Wilson 97 So. 2d 674 La. Ct. App. 1st Cir. 1958
- Warren v. Fidelity Mutual Insurance Company 99 So. 2d 382 La. Ct. App. 1st Cir. 1957
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Fabre v. Grain Dealers Mutual Insurance
99 So. 2d 380
La. Ct. App. 1st Cir. 1957
relied upon by plaintiff-appellant, concerns more serious injuries, including a neurosis.
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Litton v. Samuel
98 So. 2d 534
La. Ct. App. 2d Cir. 1957
153 ; Cassar v. Mansfield Lumber Company, Inc., 1949, , .
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Leonard v. Holmes & Barnes, Ltd.
84 So. 2d 109
La. Ct. App. 1st Cir. 1955
where under almost identical facts in open country, the forward truck driver was held to have had the last clear chance to avoid the accident since he should have noted car approaching from his rear before suddenly turning into driveway.
- Chouest v. Remont 81 So. 2d 568 La. Ct. App. 1st Cir. 1955
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Leroy v. Methvin
81 So. 2d 138
La. Ct. App. 1st Cir. 1955
In support of a finding that plaintiff was guilty of contributory negligence, counsel for appellants have cited the following authorities: Hardin v. Yellow Cab Co. of Shreveport, La.App., Second Circuit, 1949, ; Cassar v. Mansfield Lumber Co., Inc., 1949, , ; Hollabaugh-Seale Funeral Home, Inc. v. Standard Accident Insurance Co., 1949, 215 La.
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Pinchera v. Employers Casualty Co.
73 So. 2d 623
La. Ct. App. 1st Cir. 1954
32:236 which provides that the driver of any vehicle upon a highway of this State before starting, stopping or turning from the direct line shall first see that such movement can be made in safety, and cite in support thereof Auckley v. Robbins, La.App., ; Cassar v. Mansfield Lumber Co., Inc., La.App., , and as affirmed in part in , ; Sandoz v. Beridon, La.App., 150 So.
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Herget v. Saucier
67 So. 2d 543
La. 1953
Relying on our decision in Cassar v. Mansfield Lumber Co., Inc., , , counsel for Mrs. Herget say that she is entitled to recover, even if guilty of contributory negligence that continued to the moment of the accident, under the doctrine of discovered peril.
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Allison v. Turner
61 So. 2d 207
La. Ct. App. 1st Cir. 1952
Cassar v. Mansfield Lumber Company, Inc., 1949, , , presents another occasion where the Court applied the last clear chance doctrine to permit recovery in favor of plaintiff.
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Herget v. Saucier
61 So. 2d 545
La. Ct. App. 1st Cir. 1952
14 ; Albright v. Tatum, La.App., ; Cassar v. Mansfield Lumber Co., La.App., , affirmed , ; Bradford v. Wertz, La.App., .
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White v. State Farm Mut. Ins.
55 So. 2d 75
La. Ct. App. 1st Cir. 1951
Co., , are likewise inapplicable for the reasons above stated.
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Allison v. Turner
53 So. 2d 256
La. Ct. App. 1st Cir. 1951
v. Mansfield Lumber Company, Inc., et al., , , as supporting this position.
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Hollabaugh-Seale Funeral Home, Inc. v. Standard Acc. Ins.
41 So. 2d 212
La. 1949
153 and applied in Cassar et al. v. Mansfield Lumber Company, Inc., , , is not appropriate to this case because there is nothing in the testimony of Mrs. De Frances to show that, prior to the time she negotiated the left turn, she was aware of the speed of the ambulance, its close proximity and its attempt to overtake and pass her truck.