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LOESCHER v. PARR

No. 56402.

324 So.2d 441 (1975)

Daniel F. LOESCHER, Sr., Plaintiff-Appellant-Relator, v. George PARR and State Farm Fire and Casualty Company, Defendants-Appellees-Respondents.

Supreme Court of Louisiana.

Dissenting Opinion December 22, 1975.

Rehearing Denied January 16, 1976.

Attorney(s) appearing for the Case

Rudolph R. Schoemann, New Orleans, for plaintiff-appellant-relator.

Dale E. Branch, Seal, Lee, Branch & Brown, Bogalusa, for defendants-appellees-respondents.

Dissenting Opinion of Sanders, C.J., December 22, 1975.

TATE, Justice.

The plaintiff Loescher's automobile was demolished when a tree from a neighboring lot fell across it. He sues Parr, the owner of the neighboring lot, and Parr's homeowner's liability insurer (State Farm).

The court of appeal affirmed the district court's dismissal of the suit, holding that no negligence on Parr's part is proven. 312 So.2d 347...

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