Legal Opinion · Dissent

Spiers v. Consolidated Companies, Inc.

Supreme Court of Louisiana

Decided June 29, 1961No. 45521Published

1DissentSanders, Justice

In my opinion, the Court of Appeal correctly concluded that the intentional act of defendant’s truck driver in obstructing the main railroad line constituted negligence notwithstanding the contract between defendant and the L. & A. Railway and prior practice. Compare Englert v. New Orleans Ry. & Light Co., 128 La. 473, 54 So. 963.

As I view the case, the most serious issue posed is whether the negligence of the defendant was a proximate, or juridical, cause of the harm to plaintiff. This question is not free from difficulty. In this state and elsewhere, the subject of responsible causation is…

2Cases cited4 opinions

  1. Jackson v. JonesSupreme Court of Louisiana · 1953
  2. Blanks v. Saenger Theatres, Inc.Louisiana Court of Appeal · 1932
  3. Englert v. New Orleans Ry. & Light Co.Supreme Court of Louisiana · 1911
  4. Blanks v. Saenger Theaters, Inc.Louisiana Court of Appeal · 1931

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