Equitable Fire & Marine Ins. v. Holland

Louisiana Court of Appeal

Equitable Fire & Marine Ins. v. Holland

70 So. 2d 157, 1954 La. App. LEXIS 590

CourtLouisiana Court of Appeal

DecidedFebruary 1, 1954

DocketNo. 20149

StatusPublished

This text of 70 So. 2d 157 (Equitable Fire & Marine Ins. v. Holland) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Equitable Fire & Marine Ins. v. Holland, 70 So. 2d 157, 1954 La. App. LEXIS 590 (La. Ct. App. 1954).

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Opinion

JANVIER, Judge.

This is a companion suit to Holland v. Gallaher, La.App., 70 So.2d 154. In that case we referred to this and discussed the facts' from which both of these suits resulted. .

In the case which we are now considering, Equitable Fire and Marine Insurance Company v. Adolph Holland, Sr., the collision insurer of Gallaher shows that it had paid to Gallaher the amount necessary to repair the damage to his car and had secured a subrogation to all of his rights. It brought this suit against Holland alleging that the accident resulted from the negligence of young Holland. For the reasons given in that case we have concluded that the cause of the accident was negligence on the part of Adolph Holland, Jr.

Accordingly, plaintiff, Equitable Fire and Marine Insurance Company, is entitled to recover "from Adolph Holland, Sr., the amount it paid to John H. Gallaher.

The judgment appealed from is annulled, avoided and reversed, and there is now judgment in favor of the Equitable Fire and Marine Insurance Company and against Adolph Holland, Sr., in the full sum of $228.99, with interest from judicial demand, until paid, and for all costs.

Reversed.

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JANVIER, Judge.

This is a companion suit to Holland v. Gallaher, La.App., 70 So.2d 154. In that case we referred to this and discussed the facts' from which both of these suits resulted. .

In the case which we are now considering, Equitable Fire and Marine Insurance Company v. Adolph Holland, Sr., the collision insurer of Gallaher shows that it had paid to Gallaher the amount necessary to repair the damage to his car and had secured a subrogation to all of his rights. It brought this suit against Holland alleging that the accident resulted from the negligence of young Holland. For the reasons given in that case we have concluded that the cause of the accident was negligence on the part of Adolph Holland, Jr.

Accordingly, plaintiff, Equitable Fire and Marine Insurance Company, is entitled to recover "from Adolph Holland, Sr., the amount it paid to John H. Gallaher.

The judgment appealed from is annulled, avoided and reversed, and there is now judgment in favor of the Equitable Fire and Marine Insurance Company and against Adolph Holland, Sr., in the full sum of $228.99, with interest from judicial demand, until paid, and for all costs.

Reversed.

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70 So. 2d 157, 1954 La. App. LEXIS 590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/equitable-fire-marine-ins-v-holland-lactapp-1954.

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