Legal Opinion

Walesch v. City of New Orleans

Louisiana Court of Appeal

Decided February 13, 1967No. 2449PublishedCited by 2 opinions

1Opinion of the Court

McBRIDE, Judge.

Plaintiff sued the City of New Orleans and its liability insurer for damages for personal injuries allegedly sustained by plaintiff as the result of the negligent operation of a garbage truck by an employee of the City. The City filed an exception embodying a plea that it cannot be held liable because the collection of garbage is a governmental function and it is immune from suit or for liability for damages occasioned through its servant in the performance of such governmental function.

The exception was maintained and plaintiff’s demands against the City were dismissed, and…

2Cases cited4 opinions

  1. Pittman Const. Co. v. Housing Auth. of New OrleansLouisiana Court of Appeal · 1965
  2. Hamilton v. City of ShreveportSupreme Court of Louisiana · 1965
  3. Terrebonne Parish School Board v. St. Mary Parish School BoardSupreme Court of Louisiana · 1961
  4. Lezina v. Fourth Jefferson Drainage DistrictLouisiana Court of Appeal · 1966

3Cited by2 opinions

  1. Pierce v. Fidelity and Casualty Co. of New YorkLouisiana Court of Appeal · 1967
  2. Warfield v. Fink & McDaniel Plumbing & HeatingLouisiana Court of Appeal · 1967

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