Clairain v. Western Union Telegraph Co.
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Voorhies, J. 1. The widow, individually, and as tutrix of her children, sues to recover damages for tho loss of her hnsband, who was an employee of tlie defendant. Individually she seeks to recover the damages which she sustained, and tbo damages which tbe deceased sustained . As tutrix she seeks to recover tho damages which the children sustained. 2. The exceptions should have been sustained.
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APPEAL from the Civil District Court for the Parish of Orleans. Voorhies, J. 1. The widow, individually, and as tutrix of her children, sues to recover damages for tho loss of her hnsband, who was an employee of tlie defendant. Individually she seeks to recover the damages which she sustained, and tbo damages which tbe deceased sustained . As tutrix she seeks to recover tho damages which the children sustained. 2. The exceptions should have been sustained. Under the Act of 1884, the widow cannot sue in her own right, and for her own use, for the damages suffered by the deceased whore he…
1Opinion of the Court
The opinion of the Court was delivered by
Todd, J.
Louis E, Clairain, in the employ of the defendant'company, while engaged in putting up telegraph wires on Carondelet street, in this city, fell from a telegraph pole and was killed.
This suit is brought by the widow of the deceased in her own right, and as natural tutrix of. her minor children, issue of her marriage with deceased, to recover damages on account of his death — damages *180resulting from the sufferings of the deceased, and damages caused directly to the widow and children by the loss of the husband and father.
The cause and manner of…
2Cited by19 opinions
- Horrell v. Gulf & Valley Cotton Oil Co.Louisiana Court of Appeal · 1930
- Reed v. WarrenSupreme Court of Louisiana · 1931
- Hebert v. Lake Charles Ice, Light & Waterworks Co.Supreme Court of Louisiana · 1903
- Corby v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1910
- La Groue v. City of New OrleansSupreme Court of Louisiana · 1905
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