Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 91

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 91

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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. 1888 edition. Excerpt: ...incapacity or negligence on the part of defendant, and has proren his damages, he is entitled to recover..'. "Every act whatever of man that causes damage to another obliges him by whose fsnlt it happened to repair it." C. C., Art. 2315. " Every person is responsible for the damages he causes, not merely by his act, but by his negligence, his ilnprudcnce, or his want of skill." C. C.. Art. 2316. ll in estimating damages the court must be guided by the evidence in the record. Where the verdict of the jury is not manifestly excessive, and where the court can feel no certsinty that any modification thereof would come nearer to exact retribution, the Supreme Court is not justified in disturbing it. 37 Ann. 92. In such case the verdict of the jury will not be disturbed on appeal. unless manifestly erroneous and glsringly unjust. 37 Ann. 226. 4. Courts will not look with much respect or sincerity or good faith on litigants when they set up a frivolous defense. Such tactics operate against them in case of conflict of testimony. 23 Ann. 674. When the testimony of a witness is contradictory, the one swearing aflirmatively and giving detailed circumstances will preponderate. 'A6 Ann. 678. 6. The unimpeached testimony of a disinterested witness must be weighed, and cannot he disregarded by the court. 28 Ann. 682; 27 Ann. 308. E. M. Hudson for defendant and Appellant: 1. Under the general issue, plaintiff must prove all the facts necessary to I. recovery. Parrot vs. Edwards, 19 Ls. 369. The general denial is leveled against, not only the simple averment of facts, but the compound statement of facts, with legal deductions therefrom. Durham vs. Williams, 32 Ann. 967. S. Under the general issue, defendant may show any...show more

Product details

  • Paperback | 416 pages
  • 189 x 246 x 22mm | 739g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236764935
  • 9781236764935