Legal Opinion
Conkling v. Louisiana Power & Light Co.
Louisiana Court of Appeal
Decided June 1, 1964No. 1485PublishedCited by 8 opinions
1Opinion of the Court
YARRUT, Judge.
Plaintiff appeals from a judgment of the district court maintaining Defendant’s plea of prescription of one year. This being a tort action, Plaintiff’s right to sue is governed by the one-year prescription. LSA-C.C. art. 3536.
The undisputed facts, disclosed by the record and admitted by Plaintiff, are:
Plaintiff first brought suit in the federal district court on the tort action which *69originated on July 22, 1959, on the ground of diversity of citizenship. More than one year elapsed from the date of the alleged tort, however, before Defendant was served in the federal suit. Upon…
2Cases cited5 opinions
- Cupples v. WaldenLouisiana Court of Appeal · 1960
- Flowers v. PughLouisiana Court of Appeal · 1951
- Knight v. Louisiana Power and Light CompanyLouisiana Court of Appeal · 1964
- Taglialavore v. EllerbeLouisiana Court of Appeal · 1933
- Babers v. JollyLouisiana Court of Appeal · 1958
3Cited by8 opinions
- Luther F. Anderson v. Joseph PapillionCourt of Appeals for the Fifth Circuit · 1971
- Anderson v. Phoenix of Hartford Insurance CompanyDistrict Court, W.D. Louisiana · 1970
- Eleanor Driscoll v. New Orleans Steamboat CompanyCourt of Appeals for the Fifth Circuit · 1981
- Venterella v. PaceLouisiana Court of Appeal · 1966
- Tally v. LovetteLouisiana Court of Appeal · 1976
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