Cited by
Opinions in Louisiana that cite Redd v. Sokoloski, 2 So. 2d 266.
- Frey v. Galle 399 So. 2d 1300 La. Ct. App. 4th Cir. 1981
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Smith v. McGittigan
376 So. 2d 598
La. Ct. App. 1st Cir. 1979
In this regard, (La.App.
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Watson v. Bechtel
360 So. 2d 260
La. Ct. App. 1st Cir. 1978
4th Cir. 1972), (La.App.
- Morgan v. Sheen 348 So. 2d 101 La. Ct. App. 1st Cir. 1977
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Barnes v. Pick
311 So. 2d 609
La. Ct. App. 4th Cir. 1975
to the effect that where a tenant has knowledge of the generally defective condition of a portion of the rented premises, but it reasonably appears that he might safely use it with the exercise of care, his use in such manner does not constitute contributory negligence that would bar his recovery
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Anthony v. United States Fidelity & Guaranty Co.
312 So. 2d 689
La. Ct. App. 4th Cir. 1975
(2d Cir. 1941), Judge (later, Justice) Hamiter stated: "* * * [W]here a tenant has knowledge of the generally defective condition of a portion of the rented premises, but it reasonably appears that he might safely use it with the exercise of care, his use in such manner does not constitute contributory negligence
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Nelson v. Parkhurst
304 So. 2d 72
La. Ct. App. 1st Cir. 1975
We now turn to the defendants' affirmative defense of plaintiff's assumption of risk or negligence, writ denied: ".
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Wilson v. Virgademo
258 So. 2d 572
La. Ct. App. 4th Cir. 1972
A review of the jurisprudence of the appellate courts of Louisiana on this issue indicates a (La.App.
- Harrell v. Johnson 242 So. 2d 648 La. Ct. App. 1st Cir. 1970
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Hill v. Travelers Insurance Co.
128 So. 2d 277
La. Ct. App. 1st Cir. 1961
However in the case Redd v. Sokoloski, La.App., , the Court of Appeal considers the general rule relative to the maintenance of the premises by the landlord, as well as the exception thereto to the effect that when the tenant is aware of the defective condition, and the defect is of such a nature as to indicate to a reasonable minded person that the use thereof is
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Gilliam v. Lumbermens Mutual Casualty Company
124 So. 2d 913
La. 1960
The case of Redd v. Sokoloski, La.App., , cited by the Court of Appeal in its opinion, is inapplicable here.
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Gilliam v. Lumbermens Mutual Casualty Co.
119 So. 2d 657
La. Ct. App. 1st Cir. 1960
Prudhomme v. Berry, supra; Redd v. Sokoloski, La.App., .
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Bailey v. Brown
118 So. 2d 282
La. Ct. App. 1st Cir. 1960
Both parties cite and rely upon Judge Hamiter’s often-quoted summary in Redd v. Sokoloski, La.App., 2 Cir., of the jurisprudence relating to a tenant’s contributory negligence, : “[1], [WJhere a tenant has knowledge of the generally defective condition of a portion of the rented premises, but it reasonably appears that he might safely use it with the exercise of care, his use in such manner does not constitute c
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Prudhomme v. Berry
69 So. 2d 620
La. Ct. App. 2d Cir. 1953
Mr. Justice Hamiter, then a member of this Court, in the case of Redd v. Sokoloski, La.App., 1941, , after stating the general rule and the exception to it, applied the exception, saying: "(2) The second part of the stated rule, we think, is applicable to the facts of the instant case.
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Mitchell v. Travelers Indemnity Co.
21 So. 2d 198
La. Ct. App. 1st Cir. 1945
App., , 268, a well stated rule for determining whether the person who makes use of defective premises should be held guilty of contributory negligence: "Counsel for the litigants have directed our attention to seventeen cases decided by appellate courts of this state, each of which involves a question somewhat similar to t