Legal Opinion

Wise v. Lavigne

Supreme Court of Louisiana

Decided November 2, 1915No. 20569PublishedCited by 29 opinions

Appeal from Civil District" Court, Parish of Orleans; E. K. Skinner, Judge. Action by Stella Wise against Michael Lavigne. Prom judgment for plaintiff, defendant appeals.

1Opinion of the CourtO’Niell, J.

The plaintiff sued for $4,060 damages for personal injuries sustained by her by the falling of the balcony of a bouse owned by the defendant. Judgment was rendered in her favor for $500, and the defendant appealed.

The appellant contends that the plaintiff was a mere trespasser, to whom he owed no obligation as to the condition of the premises. In the alternative, he contends that, if it be held that she had a right to be on the balcony at the time it fell, she was guilty of negligence in going upon it after being warned that it was unsafe. It is not disputed that the balcony was rotten and…

2Cases cited1 opinion

  1. Schoppel v. DalySupreme Court of Louisiana · 1904

3Cited by29 opinions

  1. Klein v. YoungSupreme Court of Louisiana · 1926
  2. Boutte v. New Orleans Terminal Co.Supreme Court of Louisiana · 1916
  3. Gilliam v. Lumbermens Mutual Casualty CompanySupreme Court of Louisiana · 1960
  4. Breen v. WaltersSupreme Court of Louisiana · 1922
  5. Allain v. FrigolaSupreme Court of Louisiana · 1917

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