DocketNumber: No. 38542.
Citation Numbers: 36 So. 2d 9, 213 La. 980
Judges: FOURNET, Justice.
Filed Date: 4/26/1948
Status: Precedential
Modified Date: 1/12/2023
I think the opinion of the Court of Appeal, Second Circuit, correctly disposes of the issue in this case and the judgment rendered by that court should be reinstated and made the judgment of this court. See Stanley et al. v. Cryer Drilling Co. et al. (Associated Indemnity Corporation, Intervenor), La.App.,
The majority opinion in the instant case cites with full approval the case of Parks v. Hall et al.,
"There is a fundamental difference between the facts of the three cited cases, in each of which the insurer was held liable under the omnibus clause, and the facts of the present case, and it is this: in neither of the three cited cases had the employee delivered the car to the owner's garage, as directed, before involving it in an accident, whereas in the present case, the truck had been delivered to its usual parking place, after working hours, and some eight hours thereafter was involved in an accident when being used solely for the employee's pleasure. We think this difference in facts pivotal.
I respectfully dissent.
James v. J.S. Williams Son , 177 La. 1033 ( 1933 )
Parks v. Hall , 189 La. 849 ( 1938 )
Wilson v. Farnsworth , 4 So. 2d 247 ( 1941 )
Farnet v. Decuers , 195 So. 797 ( 1940 )
Stephenson v. List Laundry Dry Cleaners , 186 La. 11 ( 1936 )
Clemons v. Metropolitan Casualty Ins. Co. , 18 So. 2d 228 ( 1944 )