Quarles v. Tolar

Louisiana Court of Appeal

Decided April 30, 1975

Louisiana Court of Appeal · decided 1975-04-30

Relies on 256 So. 2d 140 - Primeaux v. Kinney

Good law ✅— No negative treatment on recordhow we know

Decided 1975-04-30

How this case has been cited

Cited by 3 later decisions — most recently June 1993

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PRICE, Judge

¶1(concurring) :

¶2I concur in the result reached in this decision but do not subscribe to the degree of care assessed to the owner of the animal in the cited case of Womack v. Rhymes, relied on herein.

¶3I am of the opinion the burden placed on the owner of the animal to explain the sometimes “unknown event” is unreasonable and inequitable. The burden of showing freedom from negligence by evidence of having taken all precautions expected of a reasonable person to prevent livestock from escaping as stated in Primeaux v. Kinney, 256 So.2d 140 (La.App.3rd Cir. 1971) is the better rule and would allow recovery under the circumstances as shown in this case.