Firemen's Charitable & Benevolent Ass'n v. New Orleans Public Service, Inc.

GULOTTA, Judge.

Plaintiff was awarded a judgment in the trial court in the amount of $8,158.01, the cost of repairs to a cemetery fence which was damaged when a New Orleans Public Service, Inc. bus went off the roadway, jumped the curb and struck the fence.

Defendant, appealing, claims plaintiff’s suit is barred by one-year prescription. (LSA-C.C. Art. 3536). According to NOP-SI, after the November 8, 1974 accident a NOPSI claims representative investigating the accident was advised by plaintiff that the repairs to the fence would be made by plaintiff’s contractor, but no agreement had been…