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· 3/29/1965

Smith v. Southern Farm Bureau Casualty Ins. Co.

Citations

  • 174 So. 2d 122
  • 247 La. 695

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that \[t]he immunity created by LSA-R.S. 9:291 is not an exception to the creation of this substantive cause of action; it is merely a procedural bar to the wife's right to sue the husband personally.\
  • Because of the competing effect of two statutes, (Article 2315 and LSA RS 9:291) has a cause of action but no remedy to enforce it
  • “The general tenor of Article 2315, creating a cause of action in favor of injured parties against those by whose fault the injury happened, makes that article universal in its operation unless a specific exception is established by law.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Summers

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Sourced from CourtListener / Free Law Project (CC0).

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