Gaillardet v. Demaries
Supreme Court of Louisiana
APPEAL FROM TIÍE PARISri COURT FOR THE PARISÍI AND CITY OF NEW ORLEANS* This is an action of damages, in which the plaintiff claims $600, for injury and damages sustained, by the negligent and Unskilful conduct of a slave, in driving a dray against his gig, breaking it to pieces and injuring his servant.
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APPEAL FROM TIÍE PARISri COURT FOR THE PARISÍI AND CITY OF NEW ORLEANS* This is an action of damages, in which the plaintiff claims $600, for injury and damages sustained, by the negligent and Unskilful conduct of a slave, in driving a dray against his gig, breaking it to pieces and injuring his servant. It appears a slave hired by the defendant, in his employment driving- a dray, and being in-a full trot, ran against the plaintiff’s gig and broke it; doing also serious injury to the servant .driving it. The evidence was clear that the damage was occasioned by the neglect and unskilful…
1Opinion of the Court
Morphy, ,J.
delivered the opinion of the court.
This suit was brought to recover damages for injury sustained by plaintiff whose gig was upset and considerably damaged by a dray belonging to the defendant. It is alleged *491that the boy who was driving the dray also belonged to the defendant, and that the accident was the result of his neglect and carelessness. After denying generally the facts alleged; the answer avers that defendant cannot be liable because the slave who occasioned the damage is not his property. There was a judgment below in favor of plaintiff for $200. Defendant appealed.
The…
2Cited by13 opinions
- Graham v. St. Charles Street RailroadSupreme Court of Louisiana · 1895
- Oliphant v. Town of Lake ProvidenceSupreme Court of Louisiana · 1939
- Strawder v. HarrallLouisiana Court of Appeal · 1971
- Bearman v. Southern Bell Telephone & Telegraph Co.Louisiana Court of Appeal · 1931
- Aiken v. Southern Pacific Co.Supreme Court of Louisiana · 1900
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