Foremost Insurance Co. v. Blue Streak Enterprises, Inc.

Louisiana Court of Appeal

Foremost Insurance Co. v. Blue Streak Enterprises, Inc.

353 So. 2d 430, 1977 La. App. LEXIS 3954

CourtLouisiana Court of Appeal

DecidedDecember 13, 1977

DocketNo. 8625

StatusPublished

Cited by2 cases

This text of 353 So. 2d 430 (Foremost Insurance Co. v. Blue Streak Enterprises, Inc.) 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

Foremost Insurance Co. v. Blue Streak Enterprises, Inc., 353 So. 2d 430, 1977 La. App. LEXIS 3954 (La. Ct. App. 1977).

Pincite

Opinion

DUPLANTIER, Judge.

We affirm the trial court’s decision that a boat owner (or his subrogee) who pays a monthly fee for use of a boat slip in a marina cannot recover for the loss by theft of his boat moored in the slip, in the absence of proof of negligence on the part of the marina operator.

As did the trial judge, we reject appellant’s contention that a depositary relationship existed between the marina operator and the boat owner; they were merely lessor and lessee.¹ The boat owner paid a monthly fee for the privilege of mooring one or more boats in the space in the marina and for using electricity and water. He could remove his boat or boats as he wished and secure it or them as he wished. The boat was never delivered to the marina operator, an element essential for deposit. (Art. 2930, Civil Code).

The judgment of the district court dismissing plaintiff’s suit at its cost is therefore affirmed.

AFFIRMED.

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DUPLANTIER, Judge.

We affirm the trial court’s decision that a boat owner (or his subrogee) who pays a monthly fee for use of a boat slip in a marina cannot recover for the loss by theft of his boat moored in the slip, in the absence of proof of negligence on the part of the marina operator.

As did the trial judge, we reject appellant’s contention that a depositary relationship existed between the marina operator and the boat owner; they were merely lessor and lessee.¹ The boat owner paid a monthly fee for the privilege of mooring one or more boats in the space in the marina and for using electricity and water. He could remove his boat or boats as he wished and secure it or them as he wished. The boat was never delivered to the marina operator, an element essential for deposit. (Art. 2930, Civil Code).

The judgment of the district court dismissing plaintiff’s suit at its cost is therefore affirmed.

AFFIRMED.

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353 So. 2d 430, 1977 La. App. LEXIS 3954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foremost-insurance-co-v-blue-streak-enterprises-inc-lactapp-1977.

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