Brabo v. Martin
Supreme Court of Louisiana
E^.TEf” £IS- APPEAL PROM THE PARISH COURT POR THE PARISH AND CITY OF NEW-ORLEANS. 1. The judge erred in refusing a new trial, the verdict being clearly contrary to law and evidence. Civil Code, arts. 3496, 2503, 2508. Beck's Med.
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E^.TEf” £IS- APPEAL PROM THE PARISH COURT POR THE PARISH AND CITY OF NEW-ORLEANS. 1. The judge erred in refusing a new trial, the verdict being clearly contrary to law and evidence. Civil Code, arts. 3496, 2503, 2508. Beck's Med. Jurisp., vol. 1, ps. 350, 361, 375. Broussais sur la Folie ps. 233, 231, S/c. 2. The judge erred in excluding evidence in relation to the capacity of the medical witness, to form a correct opinion. 3. It being conclusively proved, that defendant concealed facts within his knowledge, which good faith and the interests of the plaintiff required him to disclose, he must…
1Opinion of the Court
The facts are stated in the opinion of the court, delivered by
Porter, J.
This is an action brought to recover the price of a slave, alleged to be afflicted with redhibitory defects. The cause was submitted to two juries in the court of the first instance. The first could not agree, and the second found a verdict for the defendant. The plaintiff made an unsuccessful attempt to obtain a new trial, and appealed.
On the trial the plaintiff called a physician who had seen the slave just after she had recovered from a fit, and he pronounced that she had been affected with epilepsy. He gave testimony…
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