Barnes v. Beirne
Supreme Court of Louisiana
APPEAL from the Civil District Court, for the Parish of Orleans, Bightor, J. 1. An owner is responsible for damages caused by the ruin of his building, when it is due to vice of construction, or want of necessary repairs. G. 0. 2322; C. N. 1386; 37 A nn. 39. ■2. Absence of owner and his agent from the city, so that notice cannot be given them oí peril, is no excuse from liability for damage. 3. No notice necessary under the Code or required, to render owner liable.
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APPEAL from the Civil District Court, for the Parish of Orleans, Bightor, J. 1. An owner is responsible for damages caused by the ruin of his building, when it is due to vice of construction, or want of necessary repairs. G. 0. 2322; C. N. 1386; 37 A nn. 39. ■2. Absence of owner and his agent from the city, so that notice cannot be given them oí peril, is no excuse from liability for damage. 3. No notice necessary under the Code or required, to render owner liable. Toullier, vol. 16, p. 263, 6 Ed., Paris. 4. Amount of damages in such cases left to discretion of Court or Judge. Pike & Co. vs.…
1Opinion of the Court
The opinion of the. Court was delivered by
Bermudez, J.
This is au ¡lotion in damages against the owner of a ■building.
The eliurge is, that the front, cornice, which had been for some timo 'in a dangerous condition, fell, struck and injured plaintiff, who was then a wayfarer to his home, and that the injury was occasioned by the neglect of the owner to repair.
The defendant pleaded file general issue and appeals from ii jndg'ment against, him for $580, which plaintiff, by joinder, asks to be increased to $5,000.
It appears that earlyin the morning of October 21, 1884, the cornice •of certain…
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