Montgomery v. Koester
Supreme Court of Louisiana
APPEAL from the Eourfch District Court for the Parish of Orleans. Houston, J. 1.The owner of a dog which inflicts a wound upon a person walking upon the public highway is responsible in damages for such injury (C. C. 2321); and this holds whether the injury resulted from the negligence of the owner himself or from, that of his agent or servant.
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APPEAL from the Eourfch District Court for the Parish of Orleans. Houston, J. 1.The owner of a dog which inflicts a wound upon a person walking upon the public highway is responsible in damages for such injury (C. C. 2321); and this holds whether the injury resulted from the negligence of the owner himself or from, that of his agent or servant. O. C. 2316, 2317. . 2. Knowledge on the part of the owner of the dangerous character of the dogs is to be presumed from the fact that he kept the dogs chained in the day time and loosed fcheni at night; and from the fact that the dogs were kept to…
1Opinion of the Court
On the Exception.
The opinion of the Court was delivered by
Eenner, J.
This is a personal action brought by Montgomery, in his own name and right,"against the defendant.
The latter had filed answer and the cause was at issue.
Thereafter a motion was filed, suggesting a transfer by Montgomery to. Mrs. G-ullifer, and an order was entered recognizing her as subrogee.
The-case was taken up for trial on 25th May, testimony taken on that and various subsequent days, to which the cause was continued, until 15th June, when defendant filed an exception to the effect that “Mrs. G-ullifer, subrogated, is a…
2Cited by21 opinions
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- Pepper v. TripletSupreme Court of Louisiana · 2004
- Johnson v. ButterworthSupreme Court of Louisiana · 1934
- Tripani v. MerauxSupreme Court of Louisiana · 1936
- Mercer v. MarstonLouisiana Court of Appeal · 1925
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