Peters v. Pearce
Supreme Court of Louisiana
Appeal from Fifth Judicial District Court, Parish of Winn; Cas Moss, Judge. Action by Ira B. Peters against T. J. Pearce and another. From a judgment for plaintiff, defendants appeal.
1Opinion of the CourtSommer Ville, J.
Plaintiff’s child, aged 4% years, was injured while playing in the road running by defendant’s property, which was not fenced. Defendant had caused saw-logs to be piled on his property, adjacent to the road, to be shipped on the nearby railroad to his sawmill, some two miles distant.
[1, 2] It was not negligence for defendant to have logs piled on his land, but the last log on top of the pile may have been carelessly placed. One of 'the two skid poles which had been used to roll the logs off the wagon onto the pile of logs was left under one end of the last log, and it protruded from the pile…
2Cases cited2 opinions
- Hargreaves v. DeaconMichigan Supreme Court · 1872
- Tomlinson v. VicksburgSupreme Court of Louisiana · 1918
3Cited by14 opinions
- Saxton v. Plum Orchards, Inc.Supreme Court of Louisiana · 1949
- Mercer v. Tremont G. Ry. Co.Louisiana Court of Appeal · 1944
- Browne v. Rosenfield's, Inc.Louisiana Court of Appeal · 1949
- Friedman's Estate v. Texas & Pac. Ry. Co.Supreme Court of Louisiana · 1945
- Gaylord Container Corporation and Liberty Mutual Insurance Company v. Charley MileyCourt of Appeals for the Fifth Circuit · 1956
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