No. 7634 Precedential Processed

Foster v. R. E. Schanzer, Inc.

Louisiana Court of Appeal, First Circuit · Filed September 8, 1977 · 350 So. 2d 254

Also decided on this docket: La. Ct. App. 1st Cir., June 30, 1980 392 So. 2d 1075; La. Ct. App. 1st Cir., November 17, 1969 228 So. 2d 252; La. Ct. App. 1st Cir., January 12, 1920 3 Pelt. 102; La., January 15, 1880 32 La. Ann. 82

Cited by

ABC Sch. Uniforms v. Le Hig's Uniform Center 446 So. 2d 780 La. Ct. App. 4th Cir. 1984

Opinion text

REDMANN, Judge, dissenting. The evidence can justify only one factual conclusion arguably supporting liability on Schanzer, namely that the chicory-laden sling of the crane struck the “bulkhead” of bags of chicory (which was only “too high” in the sense that it required the sling to be shortened). But the crane sling was moving towards the rear of the bin and would therefore not have knocked the bags forward onto plaintiff. The inference that a rearward blow knocked bags forward is not supported by testimony of anyone’s having seen it occur. The record does not support the judgment appealed from.