Deamier v. Orleans-Kenner Traction Co.

Louisiana Court of Appeal

Deamier v. Orleans-Kenner Traction Co.

123 So. 344, 10 La. App. 739, 1929 La. App. LEXIS 175

CourtLouisiana Court of Appeal

DecidedApril 29, 1929

DocketNo. 11,816

StatusPublished

This text of 123 So. 344 (Deamier v. Orleans-Kenner Traction Co.) 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.

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Deamier v. Orleans-Kenner Traction Co., 123 So. 344, 10 La. App. 739, 1929 La. App. LEXIS 175 (La. Ct. App. 1929).

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Opinion

JANVIER, J.

This case and the case of Mrs. Rose Rabalais, widow of Pierre Perrage, vs. Orleans-Kenner Traction Co., Inc., et al., No. 11,817, of the docket of this Court, decided by us this day, April 29, 1929, grew out of the same accident. The cases were consolidated for convenience of argument.

For the reasons given by us in our decision of the Ferrage case, we are of the opinion that the Louisiana Railway & Navigation Co., alone is responsible for the accident.

As to the injuries sustained by plaintiff we find that they consisted of a dislocation of the right hip and a slight dislocation of the right knee with a sprain of the back and other bruises. . He was under the care of his physician for about fifteen or sixteen weeks. His doctor’s bill amounted to $125. His testimony as to the extent of his injuries does not impress us and we are quite convinced that they were entirely superficial and in no sense permanent. It seems to us that the amount allowed by the lower court is somewhat above previous awards for similar slight injuries. We are of the opinion that $750 for his physical injuries and loss of time and $125 to cover his expenses will be more nearly correct.

■It is therefore ordered, adjudged and decreed that the judgment appealed from be .amended by reducing the amount thereof to $875 and as thus amended affirmed.

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JANVIER, J.

This case and the case of Mrs. Rose Rabalais, widow of Pierre Perrage, vs. Orleans-Kenner Traction Co., Inc., et al., No. 11,817, of the docket of this Court, decided by us this day, April 29, 1929, grew out of the same accident. The cases were consolidated for convenience of argument.

For the reasons given by us in our decision of the Ferrage case, we are of the opinion that the Louisiana Railway & Navigation Co., alone is responsible for the accident.

As to the injuries sustained by plaintiff we find that they consisted of a dislocation of the right hip and a slight dislocation of the right knee with a sprain of the back and other bruises. . He was under the care of his physician for about fifteen or sixteen weeks. His doctor’s bill amounted to $125. His testimony as to the extent of his injuries does not impress us and we are quite convinced that they were entirely superficial and in no sense permanent. It seems to us that the amount allowed by the lower court is somewhat above previous awards for similar slight injuries. We are of the opinion that $750 for his physical injuries and loss of time and $125 to cover his expenses will be more nearly correct.

■It is therefore ordered, adjudged and decreed that the judgment appealed from be .amended by reducing the amount thereof to $875 and as thus amended affirmed.

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123 So. 344, 10 La. App. 739, 1929 La. App. LEXIS 175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deamier-v-orleans-kenner-traction-co-lactapp-1929.