Legal Opinion

Tabary v. New Orleans Public Service, Inc.

Louisiana Court of Appeal

Decided June 27, 1932No. 14047PublishedCited by 5 opinions

1Opinion of the CourtJanvier, J.

Plaintiffs seek recovery in damages for the loss of their four year old son, who died as the result of being crushed under a very heavy street roller attached to a gasoline tractor, which tractor was started into motion by the tampering of older boys during the noon lunch hour and in the absence of the operator, an employee of defendant.

It is charged that the said operator was negligent in leaving unattended upon the city streets machinery attractive to children and so dangerous in uninstrueted, unskilled hánds as a caterpillar tractor, without taking such precautions as would render…

2Cases cited3 opinions

  1. Westerfield v. Levis Bros.Supreme Court of Louisiana · 1891
  2. Peters v. PearceSupreme Court of Louisiana · 1920
  3. Kressine v. Janesville Traction Co.Wisconsin Supreme Court · 1921

3Cited by5 opinions

  1. Biggs v. VerboisLouisiana Court of Appeal · 1963
  2. Berluchaux v. Employers Mutual of WausauLouisiana Court of Appeal · 1966
  3. Batiste v. Boh Bros. Const. Co., Inc.Louisiana Court of Appeal · 1981
  4. Molliere v. American Insurance GroupLouisiana Court of Appeal · 1964
  5. Commercial Union Fire Insurance Co. v. BlockerLouisiana Court of Appeal · 1956

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