Eatman v. New Orleans Pacific Railway Co.
Supreme Court of Louisiana
APPEAL from the Tenth District Court, Parish of DeSoto. Logan, J. 1. Interrogatories to absent witnesses must be signed by tbe party or bis counsel. Depositions are not admissible when tbe witnesses are not named in tbe petition, or order for commission. The order for commission is premature, if rendered before the expiration of three days after the interrogatories have been submitted or notified to the adverse party.
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APPEAL from the Tenth District Court, Parish of DeSoto. Logan, J. 1. Interrogatories to absent witnesses must be signed by tbe party or bis counsel. Depositions are not admissible when tbe witnesses are not named in tbe petition, or order for commission. The order for commission is premature, if rendered before the expiration of three days after the interrogatories have been submitted or notified to the adverse party. C. P. 425, 426. 2. The measure of damages, in case of failure to comply with a long continuing agreement, is the value of the obligation. Sedgwick Vol. 1, p 200, note; p. 202;…
1Opinion of the Court
The opinion of the Court was delivered by
Manning, J.
The suit is for the recovery of $750 as damages resulting from the failure of the defendant to construct road crossings and cattle guards—$75 for crops destroyed—$50 for wages to men hired to guard the premises—two small sums for other damages, and $150 as attorney’s fees—$1037.50 in total.
The defence is a general denial with the special pleas of contributory negligence, and want of authority in the defendant’s agent to make the contract, the breach of which is complained of. This last plea has been abandoned.
In 1881 the Railway Company…
2Cited by5 opinions
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- Morgan v. PatinLouisiana Court of Appeal · 1950
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- Anders v. Lee-Rogers Chevrolet Co.Louisiana Court of Appeal · 1927