Vredenburg v. Behan
Vredenburg v. Behan, 33 La. Ann. 627 (1881).
Cited by
- Sepulvado v. General Fire & Casualty Company 146 So. 2d 428 La. Ct. App. 3d Cir. 1962
- Johnson v. Butterworth 157 So. 121 La. 1934
- Reed v. Warren 136 So. 59 La. 1931
- Matthews v. Kansas City Southern Railway Co. 120 So. 907 La. Ct. App. 1st Cir. 1929
- Moulin v. Monteleone 115 So. 447 La. 1927
- Kerner v. Trans-Mississippi Terminal R. Co. 104 So. 740 La. 1925
- Flash v. Louisiana Western R. 68 So. 636 La. 1915
- Hall v. Allen Mfg. Co. 63 So. 591 La. 1913
Opinion text
Dissenting Opinion. Bermudez, C. J. Whatever may be the responsibility which attaches to owners of property for the wrongful use of the same by employees entrusted with the keeping thereof, I do not think that it fastens when the owner had not the exclusive control of the property, or having such, was absent, unaware of such use, unable to prevent it, and when such use was not done in, but out of, the cours.e of. the legitimate functions or line of the duties of such subordinates, and was not sanctioned and ratified, and could not even have been foreseen. I think the allowance too large, unless the fact of death, which is entitled to no consideration, assist in the computation and assessment. I therefore dissent from the decree.