Legal Opinion

Harrington v. Upchurch

Supreme Court of Louisiana

Decided September 8, 1976No. 58215PublishedCited by 12 opinions

1Opinion of the Court

337 So.2d 222 (1976)

Ray G. HARRINGTON

v.

J. C. UPCHURCH.

No. 58215.

Supreme Court of Louisiana.

September 8, 1976.

Writ denied: Without approving the reasoning of the court of appeal, we find no error in the result. Under the facts shown, the presence of the cow in open-range highway did not create an unreasonable risk of injury to others; therefore, the owner is shown to be exonerated from fault. See Loescher v. Parr, 324 So.2d 441 (La.1975), Holland v. Buckley, 305 So.2d 113 (La.1974).

2DissentDixon, J.

Only if it can be said that a cow darting into highway at night is not a "domesticated animal (which) harms…

3Cases cited2 opinions

  1. Loescher v. ParrSupreme Court of Louisiana · 1975
  2. Holland v. BuckleySupreme Court of Louisiana · 1974

4Cited by12 opinions

  1. Rozell v. LOUISIANA ANIMAL BREEDERS CO-OP.Supreme Court of Louisiana · 1983
  2. Alfonso v. Market Facilities of Houston, Inc.Louisiana Court of Appeal · 1978
  3. Abshire v. DuboisLouisiana Court of Appeal · 1982
  4. Frischhertz Elec. Co. v. Housing Authority of New OrleansLouisiana Court of Appeal · 1988
  5. Leger v. Delano Plantation, Inc.Louisiana Court of Appeal · 1978

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