McCloughry v. Finney
Supreme Court of Louisiana
A PPEAL from, the Civil District Court fór the Parish of Orleans. XJL Monroe, J. 1. No presumption arises against a/plaintiff, from failing to callas a witness a little boy aged eight years ylio was present at the accident for which damages aro claimed, when all the facts have been proven by other competent witnesses. 32 A. 1130. A child of such tender age is presumed incompetent and must be shown to have sufficient natural intelligence to comprehend the nature and effect of…
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A PPEAL from, the Civil District Court fór the Parish of Orleans. XJL Monroe, J. 1. No presumption arises against a/plaintiff, from failing to callas a witness a little boy aged eight years ylio was present at the accident for which damages aro claimed, when all the facts have been proven by other competent witnesses. 32 A. 1130. A child of such tender age is presumed incompetent and must be shown to have sufficient natural intelligence to comprehend the nature and effect of an oath. Greenleaf, Yol. 1, § 367. Where the witness is neither a party to the suit nor an employee, plaintiff is under…
1Opinion of the Court
The opinion of the Court was delivered by
Manning, J.
The suit is for the recovery of five thousand dollars as damages for injuries to the son of the plaintiff caused by a sack of corn falling on him which broke his leg. The defendant keeps a grain or feed store on Poydras street, and the sack fell from the top rtf a pile of coin that had been placed on the banquette in front of his store. The lad, a boj1- of eleven years, was going by with two companions between seven and eight o’clock in the evening of the 11th of September 1883 when the casualty befell him. The case went before a jury who…
2Cases cited1 opinion
- Salisbury v. HerchenroderMassachusetts Supreme Judicial Court · 1871
3Cited by5 opinions
- Bischof v. Merchants National BankNebraska Supreme Court · 1906
- Darsam v. KohlmannSupreme Court of Louisiana · 1909
- Degeneres v. Pan-American Petroleum Corp.Louisiana Court of Appeal · 1934
- Carlson v. EwingSupreme Court of Louisiana · 1954
- Lopes v. SahuqueSupreme Court of Louisiana · 1904