Cited by
Opinions in Louisiana that cite Saxton v. Plum Orchards, Inc., 40 So. 2d 791.
- Taylor S. Southern and Ashley M. Southern, Individually and on Behalf of Their Minor Child, Matthew Taylor Southern. La. Ct. App. 2d Cir. 2024
- Robbie Payne v. Brett Gardner La. Ct. App. 3d Cir. 2010
- Robbie Payne v. Brett Gardner La. Ct. App. 3d Cir. 2010
- Payne v. Gardner 49 So. 3d 1013 La. Ct. App. 1st Cir. 2010
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Adams v. State
525 So. 2d 55
La. Ct. App. 3d Cir. 1988
(1949); Cates v. Beauregard Electric Cooperative, Inc., (La.App.
- Melerine v. State 505 So. 2d 79 La. Ct. App. 4th Cir. 1987
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Herbert v. City of Kenner
501 So. 2d 901
La. Ct. App. 5th Cir. 1987
9:2791 and 2795, , (1949) and Smith v. Crown-Zellerbach, Inc., 638 F.2d 883 (5th Cir.1981), the jurisprudence is clear that unless a "hidden trap" or "inherently dangerous" instrumentality peculiarly attractive to children exists, there can be no application of the doctrine.
- Thompson v. Ewin 457 So. 2d 303 La. Ct. App. 3d Cir. 1984
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Simmons v. Whittington
444 So. 2d 1357
La. Ct. App. 2d Cir. 1984
Guillot v. Fisherman's Paradise, Inc., supra ; Saxton v. Plum Orchards, Inc., , (1949).
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Guillot v. Fisherman's Paradise, Inc.
437 So. 2d 840
La. 1983
Saxton v. Plum Orchards, Inc., -93 , (1949); Smith v. City of Baton Rouge, 166 La.
- Walker v. Union Oil Mill, Inc. 369 So. 2d 1043 La. 1979
- Richards v. Marlow 347 So. 2d 281 La. Ct. App. 2d Cir. 1977
- Hamilton v. Turner 273 So. 2d 590 La. Ct. App. 1st Cir. 1973
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Ibieta v. Phoenix of Hartford Insurance Co.
267 So. 2d 748
La. Ct. App. 1st Cir. 1972
That the precautions not taken were such as a reasonably prudent person would have taken under the circumstances.’ ” See Saxton v. Plum Orchards, Inc., , (1949); (La.
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Butler v. City of Bogalusa
258 So. 2d 599
La. Ct. App. 1st Cir. 1972
In contending the attractive nuisance doctrine is applicable, appellant relies upon Duxworth, above, , , neither of which do we find pertinent.
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Miles v. City-Parish Government of East Baton Rouge Parish
255 So. 2d 93
La. 1971
TATE, J., respectfully dissents, , .
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Spears v. Travelers Insurance Co.
241 So. 2d 303
La. Ct. App. 1st Cir. 1970
With regard to the attractive nuisance doctrine, , : “1.
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Duxworth v. Pat Caffey Contractor, Inc.
209 So. 2d 497
La. Ct. App. 4th Cir. 1968
at p. 1263 , (1949), and applied in other cases.
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Allien v. Louisiana Power & Light Company
202 So. 2d 704
La. Ct. App. 3d Cir. 1967
Saxton v. Plum Orchards, Inc., , (1949); Slaughter v. Gravity Drainage District #4, (Orl.La.App.
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Schellange v. W. R. Aldrich & Co.
200 So. 2d 914
La. Ct. App. 1st Cir. 1967
Certainly that question was put at rest in this State when, in Saxton v. Plum Orchards, Inc., , , our Supreme Court applied it to a pool or accumulation of drainage water.
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Curry v. Fruin-Colnon Contracting Co.
202 So. 2d 345
La. Ct. App. 1st Cir. 1967
The case of Saxton v. Plum Orchards, Inc., , gives a description of an attractive nuisance.
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Scott v. Boh Bros. Construction Co.
195 So. 2d 353
La. Ct. App. 4th Cir. 1967
With regard to the attractive nuisance doctrine, , : "1.
- Smith v. Preferred Risk Mutual Insurance Company 185 So. 2d 857 La. Ct. App. 3d Cir. 1966
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Louviere v. Great American Corp.
183 So. 2d 766
La. Ct. App. 1st Cir. 1966
Watts v. Murray, La.App., ; Martin v. Sessum Service Corporation, La.App., .
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Lafont v. Maryland Casualty Co.
182 So. 2d 562
La. Ct. App. 1st Cir. 1966
In Saxton v. Plum Orchards, Inc., , , the court found that a pond containing debris, logs and many types of small animal life was an attractive nuisance.
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Frensley v. Gravity Drainage District No. 5
180 So. 2d 743
La. Ct. App. 1st Cir. 1965
Plaintiff relies primarily on Saxton v. Plum Orchards, Inc., , (1949).
- Stanley v. Missouri Pacific Railroad Company 179 So. 2d 490 La. Ct. App. 3d Cir. 1965
- Martin v. Sessum Service Corp. 174 So. 2d 180 La. Ct. App. 1st Cir. 1965
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Hebert v. American Hardware Mutual Insurance
161 So. 2d 92
La. Ct. App. 1st Cir. 1964
794: * * one is negligent in maintaining an agency which he knows, or reasonably should know, to be dangerous to children of tender years, at a place where he knows, or reasonably should know, children of tender years are likely to resort, or to which they are likely to be attracted by the agency, unl
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Slaughter v. Gravity Drainage District No. 4
145 So. 2d 50
La. Ct. App. 3d Cir. 1962
Burris v. City of New Orleans, La.App.Orl., (Cert.
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Holland v. Vidrine
133 So. 2d 809
La. Ct. App. 3d Cir. 1961
In summarizing this doctrine and its limitations, the Louisiana Supreme Court quoted favorably from a treatise source, , , its most recent expression on the subject: "`* * * one who maintains upon his premises a condition, instrumentality, machine, or other agency which is dangerous to children of tender years by reason of their inability to appreciate the peril therein, and which may reasonably be expected to attrac
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Beasley v. Guerriero
123 So. 2d 774
La. Ct. App. 2d Cir. 1960
See Saxton v. Plum Orchards, Inc., , , together with the many cases cited therein.
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Phillips v. City of New Orleans
98 So. 2d 559
La. Ct. App. 1st Cir. 1957
Saxton v. Plura Orchards, Inc., 1949, , ; Burris v. City of New Orleans, La.App.1956, .
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Senegal v. Thompson
91 So. 2d 865
La. Ct. App. 1st Cir. 1956
See Saxton v. Plum Orchards, Inc., , .
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Burris v. City of New Orleans
86 So. 2d 549
La. Ct. App. 1st Cir. 1956
Certainly that question was put at rest in this State when, in Saxton v. Plum Orchards, Inc., , , our Supreme Court applied it to a pool or accumulation of drainage water.
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O'BIER v. Manufacturers Cas. Co.
70 So. 2d 220
La. Ct. App. 2d Cir. 1954
The most recent pronouncement of these requisites by appellate courts of Louisiana are to be found in Saxton v. Plum Orchards, Inc., , ; Watts v. Murray, La.
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Genovese v. New Orleans Public Service
45 So. 2d 642
La. Ct. App. 1st Cir. 1950
We are not certain ourselves whether a pond is or is not ordinarily to be considered in the category of "attractive nuisance", but our interpretation of expressions of our Supreme Court, to be found in Saxton v. Plum Orchards, Inc., , , leads us to the belief that a pond is not to be considered as an attractive nuisance unless there is about it some characteristic, in addition to the mere *646 presence of water, which renders it unusually attractive and inherently dangerous.
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Whitfield v. East Baton Rouge Parish School Board
43 So. 2d 47
La. Ct. App. 1st Cir. 1949
The plaintiffs, in oral argument and in brief, cite many cases wherein the doctrine of attractive nuisance was applied, particularly the case of Saxton v. Plum Orchards, Inc., , , 795.
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Watts v. Murray
43 So. 2d 303
La. Ct. App. 2d Cir. 1949
v. Plum Orchards, Inc., , .