Breney v. Caffery Central Refinery & Railroad

Supreme Court of Louisiana

Breney v. Caffery Central Refinery & Railroad

48 La. Ann. 403, 1896 La. LEXIS 423

CourtSupreme Court of Louisiana

DecidedJanuary 9, 1896

DocketNo. 11,991

StatusPublished

This text of 48 La. Ann. 403 (Breney v. Caffery Central Refinery & Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Breney v. Caffery Central Refinery & Railroad, 48 La. Ann. 403, 1896 La. LEXIS 423 (La. 1896).

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Opinion

The opinion of the court was delivered by

Nicholls, C. J.

This is a suit by the plaintiff in her own behalf as surviving widow and as tutrix of her minor children, for damages for the death of her husband caused by the same accident set forth in the suit of Joseph H. Castille et al. vs. Caffery Central Refinery and Railroad Company, Limited, just decided by this court. Ante, p. 322. The same plea to the jurisdiction of the District Court of St. Mary parish, was made in that case, with the same ruling by the court, the pleadings and issues being identical.

It is hereby, for the reasons assigned in suit No. 11,990 of the [404]*404docket of this court, ordered, adjudged and decreed that the judgment appealed from be and the same is hereby annulled, avoi'dfed and reversed, and it is now ordered, adjudged and decreed that defendant’s exception and plea to the jurisdiction of the District Oourt in and for the parish of St. Mary, be and the same is hereby overruled, and the causéis ordered to be reinstated on the docket of that court, and the same is hereby remanded to the lower court to be proceeded with according to law.

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The opinion of the court was delivered by

Nicholls, C. J.

This is a suit by the plaintiff in her own behalf as surviving widow and as tutrix of her minor children, for damages for the death of her husband caused by the same accident set forth in the suit of Joseph H. Castille et al. vs. Caffery Central Refinery and Railroad Company, Limited, just decided by this court. Ante, p. 322. The same plea to the jurisdiction of the District Court of St. Mary parish, was made in that case, with the same ruling by the court, the pleadings and issues being identical.

It is hereby, for the reasons assigned in suit No. 11,990 of the [404]*404docket of this court, ordered, adjudged and decreed that the judgment appealed from be and the same is hereby annulled, avoi'dfed and reversed, and it is now ordered, adjudged and decreed that defendant’s exception and plea to the jurisdiction of the District Oourt in and for the parish of St. Mary, be and the same is hereby overruled, and the causéis ordered to be reinstated on the docket of that court, and the same is hereby remanded to the lower court to be proceeded with according to law.

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Bluebook (online)

48 La. Ann. 403, 1896 La. LEXIS 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/breney-v-caffery-central-refinery-railroad-la-1896.