Talley v. Employers Mutual Liability Insurance Company

Full title: GEORGE D. TALLEY v. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY ET AL

Court: Supreme Court of Louisiana

Date published: Jan 17, 1966

181 So. 2d 783 (La. 1966)

248 La. 785

Opinion

No. 47985.

January 17, 1966.

IN RE: EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY ET AL. APPLYING FOR CERTIORARI, OR WRIT OF REVIEW, TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS.

Writ refused. On the facts found by the Court of Appeal, the results are correct.

HAMLIN, J., did not participate.

SANDERS, J., is of the opinion that a writ should be granted. Violation of the statute was negligence per se under the established jurisprudence. This negligence is actionable if it has a causal relation with the injury. The facts found by the Court of Appeal are insufficient to determine the issue of causal connection.