Calhoun v. Northern Insurance Co. of New York

Louisiana Court of Appeal

Calhoun v. Northern Insurance Co. of New York

117 So. 2d 285, 1959 La. App. LEXIS 1143

CourtLouisiana Court of Appeal

DecidedDecember 22, 1959

DocketNo. 9084

StatusPublished

Cited by3 cases

This text of 117 So. 2d 285 (Calhoun v. Northern Insurance Co. of New York) 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

Calhoun v. Northern Insurance Co. of New York, 117 So. 2d 285, 1959 La. App. LEXIS 1143 (La. Ct. App. 1959).

Pincite

Opinion

AYRES, Judge.

For the reasons assigned in the companion and consolidated case of Page v. Northern Insurance Company of New York, La. App., 117 So.2d 279, wherein it was concluded that the accident involved was caused solely and only through the fault and negligence of the driver of the Stinson automobile in striking plaintiff’s machine from the rear and hurling it into the opposite lane of travel immediately in front of the motor vehicle of Roger G. Page, we find no error in the judgment appealed, so far as concerns the question of liability, inasmuch as there was no proof warranting or justifying any finding of contributory negligence on the part of plaintiff.

Plaintiff was awarded $500 for the injuries sustained by him, consisting of a broken arm which was set and remained in a cast for six weeks. For this injury and for the pain and suffering necessarily endured as a result thereof, plaintiff urges, in brief, that the award should be increased to $2,000.

Plaintiff, however, neither appealed nor answered defendants’ appeal and, therefore, we are without authority to increase the award in his favor. Suggestions made in brief cannot be considered in the absence of an appeal or an answer to an appeal taken by the opposing party. In response to defendants’ appeal, we may say that the award does not appear excessive.

Accordingly, the judgment appealed is affirmed at defendants-appellants’ cost.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

AYRES, Judge.

For the reasons assigned in the companion and consolidated case of Page v. Northern Insurance Company of New York, La. App., 117 So.2d 279, wherein it was concluded that the accident involved was caused solely and only through the fault and negligence of the driver of the Stinson automobile in striking plaintiff’s machine from the rear and hurling it into the opposite lane of travel immediately in front of the motor vehicle of Roger G. Page, we find no error in the judgment appealed, so far as concerns the question of liability, inasmuch as there was no proof warranting or justifying any finding of contributory negligence on the part of plaintiff.

Plaintiff was awarded $500 for the injuries sustained by him, consisting of a broken arm which was set and remained in a cast for six weeks. For this injury and for the pain and suffering necessarily endured as a result thereof, plaintiff urges, in brief, that the award should be increased to $2,000.

Plaintiff, however, neither appealed nor answered defendants’ appeal and, therefore, we are without authority to increase the award in his favor. Suggestions made in brief cannot be considered in the absence of an appeal or an answer to an appeal taken by the opposing party. In response to defendants’ appeal, we may say that the award does not appear excessive.

Accordingly, the judgment appealed is affirmed at defendants-appellants’ cost.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

117 So. 2d 285, 1959 La. App. LEXIS 1143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calhoun-v-northern-insurance-co-of-new-york-lactapp-1959.

Opinion

Related

Cite This Page — Counsel Stack