Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 63

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 63

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858 edition. Excerpt: ...2180. Nuisances may exist in the city without rendering the same liable for the Consequences. The city is no general warrantor against the acts ot individuals. The city at large cannot be held responsible for acts of third persons, which, under a more sagacious and eflicient police, might possibly have been prevented. APPEAL from the Fourth District Court of New Orleans, Reynolds, J.----Tried by a jury. Waples & Euatia, for plaintiff. J. Livingston, for defendants and appellants. Menmcx, C. J. This suit is brought by the plaintiff against the city of New Orleans, Charles Mason and Mrs. Grailhe, to recover of them in solido the sum of $15,000 damages occasioned the minor son of the plaintiff, by the falling of a wall upon the minor, who was walking along St. Charles street, in this city. The case was tried by a jury, who found a verdict against Mrs. Grailhe of $2500, and against the city of New Orleans for $7500, and in favor of Maaon. It is difficult to sustain this verdict as it stands, for if the falling of the wall of the burnt building is attributable to the fault or negligence of both defendants, then they are bound in. solido for the injury under the Act of 1844, (p. 14, ) and the amount of damages for which one party is bound, is the measure of damages for the other also. The payment of the damages by the one is the discharge of the other from the same obligation. C. C. 2130. Ii; therefore, the measure of damages for the injury occasioned by Mrs. Gmillw, the owner of the property is $2500, the city is not bound for a sum beyond that amount. Assuming the more lenient verdict against Mrs. Grailhe to be just, the verdict against the city is manifestly erroneous. We will consider whether it can be maintained for any amount upon the...show more

Product details

  • Paperback | 544 pages
  • 189 x 246 x 28mm | 962g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236932625
  • 9781236932624