Legal Opinion

Carbajal v. Fernandez

Supreme Court of Louisiana

Decided April 22, 1912No. 18,921PublishedCited by 3 opinions

Appeal from Civil District Court, Parish of Orleans; E. K. Skinner, Judge. Suit by Juanita Carbajal against Eusebio Fernandez, her husband. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtProyosty, J.

This is the suit of a young wife, chaste and pure, for a separation from bed and board on the ground of cruel treatment, consisting in having been inoculated with both gonorrhea and syphilis by her husband.

The defense is that the infection might have been communicated in other ways than by sexual commerce. Possibly so, but the defendant (barely 20 or 21) suffered from these diseases before his marriage, and was treated for them some six months before his marriage, and no later than three days be*813fore Ms marriage he consulted a physician to he informed whether in the opinion of the physician he…

2Cited by3 opinions

  1. Holden v. HoldenIdaho Supreme Court · 1941
  2. Holmes v. HolmesSupreme Court of Iowa · 1919
  3. Di Franco v. GaglianoSupreme Court of Louisiana · 1932

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