Opinion
No. 13145.
February 14, 1977. En Banc. Rehearing Denied March 21, 1977. Writ Refused May 26, 1977.
Price and Hall, JJ., dissented from refusal to grant rehearing.
APPEAL FROM SECOND JUDICIAL DISTRICT COURT, PARISH OF JACKSON, STATE OF LOUISIANA, HONORABLE DAVID T. CALDWELL, JUDGE.
Hudson, Potts Bernstein by W. Craig Henry, Monroe, for Red Ball Motor Freight, Inc.
Baker, Culpepper Brunson by Herman A. Castete, Jonesboro, for George W. Wyatt, d/b/a Wyatt's Firestone Store.
Before BOLIN, HALL and MARVIN, JJ.
This case presents similar facts and is against the same defendant as in Home Furniture and Appliance v. Red Ball Motor Freight, Inc., 343 So.2d 319 (La.App. 2d Cir. 1977), rendered this date.
Red Ball received the crated goods and signed a clean bill of lading in Shreveport. From Shreveport, the goods were delivered to Monroe, and eventually to the plaintiff consignee in Jonesboro. Subsequent to delivery and uncrating, damage to the goods and minor damage to the carton were discovered. The driver's testimony was essentially the same as in Home Furniture and Appliance v. Red Ball Motor Freight, Inc., supra. For reasons there assigned, and at appellant's cost, judgment is
AFFIRMED.
HALL, J., dissents and assigns written reasons.
I respectfully dissents for the reasons stated in my dissent in Home Furniture and Appliance v. Red Ball Motor Freight, Inc., 343 So.2d 319 (La.App. 2d Cir. 1977), decided the same day as this case.