Marine Insurance Company v. Strecker

Despite the antiquity of the principle1 upon which the decision in Schott v. Ingargolia, La.App., 180 So. 462, is founded, and the caustic criticisms directed against that principle hy a law student (1 Louisiana Law Review 233) and a textbook writer (Prosser, Law of Torts, 2d Ed. 1955), I adhere to the views expounded therein. And I think that the reasoning of the Court of Appeal in the instant case (see 89 So.2d 517) is eminently sound and its decision should be upheld.

As I see it, the basic error in the majority opinion in this case is its failure to recognize that, although the absence of…