McCain v. Majestic Bldg. Co.
Citations
- 120 La. 306
- 45 So. 258
- 1907 La. LEXIS 646
Syllabus
<p>1. LANDLORD AND TEN ANT — IN 3 ÜEY TO THIBD Peeson — Liability on Landloed.</p> <p>The fact that a building has a door opening into space six or seven feet above the ground does not, of necessity, imply fault of construction, and a petition which alleges that the owner leased such building and permitted it to be operated before steps had been provided for the door; that the door had the word “Exit” painted and red lights established over it, and was unprovided with lock and key; and that the theatrical programs contained the announcement that the exits were indicated by red lights —discloses no cause of action against the owner for the recovery of damages sustained by a patron of the theater in walking out of the door and falling to the sidewalk. Non constat but that the door was left without steps for the convenience of the lessee, to facilitate the loading and unloading of theatrical paraphernalia and baggage. But, assuming that such was not the case, it is manifest that it was not intended by the owner to be used as an exit in its then condition by the patrons of the theater, and if it was so used by reason of. the notice upon the programs, the red lights maintained, or other acts of the lessee, it was no more the fault of the owner than if the lessee had thus indicated or left unguarded any window or other aperture not intended to be used as an exit.</p> <p>2. Same.</p> <p>In alleging that the theater is leased to and operated by a third person, the petition in effect alleges that the owner is without right to enter it and without authority to regulate its internal police, and, as the power to determine under such conditions whether its patrons should enter and depart through one door or both is vested exclusively in the lessee, so the responsibility devolves on the lessee to make proper provision for carrying into effect such regulation on that, subject as he may see fit to adopt.</p> <p>(Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “While conservative treatment alone is not grounds for an adverse credibility finding, the ALJ may take it into account along with other factors.”
- “While conservative treatment alone is not grounds for an adverse credibility finding, the ALJ make take it into account along with other factors.” (internal citation omitted)
- “While conservative treatment alone is not grounds for an adverse credibility finding . . . the ALJ may take it into account along with other factors.”
- “While conservative treatment alone is not grounds for an adverse credibility finding . . . the ALJ may take it into account along with other factors.”
- “While conservative treatment alone is not grounds for an adverse credibility finding . . . the ALJ may take it into account along with other factors.”
- “It is well established that a treating physician’s conclusory statements that a claimant is disabled or unable to work are not entitled to any special significance in the ALJ’s determination”
Source: CourtListener parenthetical corpus (CC0).
Judges: Monroe
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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