Daley v. New Orleans Ry. & Light Co.
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; Porter Parker, Judge. Action by Mrs. Thomas Daley against the New Orleans Railway & Light Company. | Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtProvosty, J.
Plaintiff’s son was run over and killed by one of the electric cars of the defendant company, and plaintiff sues in damages. One of the defenses is that plaintiff made a compromise by which she agreed to accept $500 in full settlement. Plaintiff does not deny that she agreed to this compromise, but contends that it is not binding upon her for the reason that she was so grief stricken and unnerved at the time she entered into it that she did not know what she was doing. The evidence shows conclusively that plaintiff knew perfectly well what she was doing, and that the compromise was her…
2Cases cited9 opinions
- Russ v. Union Oil Co.Supreme Court of Louisiana · 1904
- Levy v. HitscheSupreme Court of Louisiana · 1888
- Smith v. Vicksburg, S. & P. Ry. Co.Supreme Court of Louisiana · 1904
- Calhoun v. LaneSupreme Court of Louisiana · 1887
- Davenport v. F. B. Dubach Lumber Co.Supreme Court of Louisiana · 1904
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3Cited by4 opinions
- Tooke v. Houston Fire and Casualty Insurance Co.Louisiana Court of Appeal · 1960
- Felder v. Georgia Pacific Corp.Louisiana Court of Appeal · 1980
- Texas Creosoting Co. v. R. B. Tyler Co.Supreme Court of Louisiana · 1934
- Texas Creosoting Co. v. R. B. Tyler Co.Supreme Court of Louisiana · 1934