Opinion · Supreme Court of Louisiana
Barber v. Books, Etc., Inc.
320 So. 2d 559
- Type
- Opinion
- Court
- Supreme Court of Louisiana
- Jurisdiction
- Louisiana
- Date
- 1975-10-17
- Topic
- general
In re: Charles W. Barber, Eldon Harvey, III, Mary Lou Shoppe, Inc. and American Employers Ins. Co., applying for cer-tiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 316 So.2d 154. Writ denied. There is no error of law and result is correct.
Citator
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- Cited by
- 1 opinion
BARBER v. BOOKS, ETC., INC.,320 So.2d 559(La. 1975)
CHARLES W. BARBER ET AL. v. BOOKS, ETC., INC. AND ABRAHAM KRUSHEVSKI
AMERICAN EMPLOYERS INS. CO. v. ABRAHAM KRUSHEVSKI AND BOOKS, ETC., INC.
No. 56824.
Supreme Court of Louisiana.
October 17, 1975.
[2] TATE, J., concurs: I can concur because the Court of Appeal judgment can be constructed as holding that, more probably than not, the cause of the fire was the act of third persons (the children) and not any fault of the land-occupier. Therefore, we do not reach the issue of the liability to the neighbor for damages resulting from a fire which starts on one's land and spreads to his neighbor's. See Civil Code Arts.667ff, 2315, 2317.