Cerneglia v. Fratello
Supreme Court of Louisiana
Appeal from Twenty-Third Judicial District Court, Parish of St. Mary; Thomas M. Milling, Judge. Action by Sam Cerneglia„ against Ben Fratello with reconventional damages by defendant. Prom a verdict rejecting the damages of both parties and a judgment thereon, plaintiff appeals.
1Opinion of the CourtDawkins, J.
This is an action sounding in damages, alleged to have grown out of a personal encounter between plaintiff and defendant.
The defendant admits the difficulty, but pleads self-defense, and makes a reconventional demand for damages on account of false arrest.
The case was tried before a jury and resulted in a verdict rejecting the demands of both parties. Judgment was signed in accordance with said verdict, and plaintiff has appealed.
Opinion.
The issue involved here is almost solely one of fact. Plaintiff swears that the difficulty arose under the following circumstances, to wit:
That on May 16,…
2Cited by3 opinions
- Picatacci v. PalermoLouisiana Court of Appeal · 1926
- Hall v. WhiteLouisiana Court of Appeal · 1962
- Vinot v. Louisville & Nashville RailroadLouisiana Court of Appeal · 1931