No. 47592 Precedential Processed

Brown v. Travelers Insurance

Louisiana Supreme Court · Filed February 23, 1965 · 171 So. 2d 478

Authorities cited

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Opinion text

In re: Merlin J. Brown applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 169 So.2d 230 . Writ refused. On the facts found by the Court of Appeal there appears m-' error of law in its judgment. SANDERS, J., is of the opinion that a writ should be granted. In reversing the district court, the Court of Appeal imposed a higher standard of proof of causation than the law requires. See Town of Slidell v. Temple, 246 La. 137 , 164 So.2d 276 and Perkins v. Texas and New Orleans Railroad Company, 243 La. 829 , 147 So.2d 646 . Moreover, the plaintiff is entitled to an appellate ruling as to whether his expert witness, Doster, could give his opinion as to the cause of the house-damage.