Gause v. Bullard
Supreme Court of Louisiana
Appeal from the Fifth District Court of New Orleans, Eggleston, J.
1Opinion of the CourtDuffel, J.
This is a redhibitory action; and the defendant, Bullard, and the intervenor, Foster, are appellants from the judgment of the District Court.
The evidence shows conclusively that the disease which caused the death of the slave nine days after the date of the sale, pneumonia, had manifested itself two days after the sale; thus creating the legal presumption that the germ of the malady was in the system before the transfer. C. C. 2508.
This presumption would necessarily give way to direct evidence, or to opposite presumptions of a controlling character; but the defence has failed to make out…
2Cited by4 opinions
- New Orleans Terminal Co. v. HansonCourt of Appeals for the Sixth Circuit · 1911
- Walker v. SpenceLouisiana Court of Appeal · 1931
- Arndt v. D. H. Holmes Co.Louisiana Court of Appeal · 1928
- Woods, Slaybeck & Co. v. RocchiLouisiana Court of Appeal · 1884