Legal Opinion · Dissent

Beacon National Insurance Co. v. Durand

Louisiana Court of Appeal

Decided June 28, 1971No. 3424Published

1DissentMiller, Judge

The Louisiana Supreme Court has not ruled that the doctrine of governmental immunity applies to the failure of a municipality to place barriers or signs to warn or protect the traveling public of a hazard. On the contrary the Supreme Court held that a municipality must properly warn the public of unusual conditions in the road.

“The municipality is not more emancipated from liability in cases of this kind than the private individual.” Allen v. Town of Minden, 127 La. 403, 53 So. 666 (1910).

See also Carlisle v. Parish of East Baton Rouge, 114 So.2d 62 (La.App. 1 Cir. 1959); Clinton v. City of…

2Cases cited16 opinions

  1. Buechner v. City of New OrleansSupreme Court of Louisiana · 1904
  2. Cline v. Crescent City RailroadSupreme Court of Louisiana · 1889
  3. Carlisle v. Parish of East Baton RougeLouisiana Court of Appeal · 1959
  4. Howard v. City of New OrleansSupreme Court of Louisiana · 1925
  5. Lorenz v. City of New OrleansSupreme Court of Louisiana · 1905

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