DeGruy v. Joseph A. Aikens & Co.
Supreme Court of Louisiana
APPEAL from the Oivil District Court for the Parish of Orleans. King, J. In a suit for damages for personal injuries, a defendant wlio pleads contributory negligence, admits his own negligence. 42 An. 4; Am. and JKng. JKncycl. of Law, p. 18; 34 An.
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APPEAL from the Oivil District Court for the Parish of Orleans. King, J. In a suit for damages for personal injuries, a defendant wlio pleads contributory negligence, admits his own negligence. 42 An. 4; Am. and JKng. JKncycl. of Law, p. 18; 34 An. Í0SS; 32 An. 617; 3R An. 116, A contractor sued for damages caused by a defect iii public work, which lie agreed to keep in repair, can not urge a want of notice of the defect, where he denies that the defect existed. 37 An. 492, 495. A contractor who, under a law requiring the leasing of a public work, becomes lessee thereof with an engagement to…
1Opinion of the Court
The opinion of the court was delivered by
Breaux, J.
The plaintiff appeals from a judgment refusing to set ■.aside an order of appeal^ and to order execution to issue against the defendant, on the ground that the appeal bond was defective in form and that the surety was not good and solvent.
On the trial of the rule in the District Court to dismiss the appeal, evidence was taken, but filed some thirteen days after the rule had been heard, and several days after the dismissal. The appellee, in his brief, invokes paragraph 48, Section 7, of Act 136 of 1880, and contends that the testimony should…
2Cited by2 opinions
- Zavaglia v. NotarbartoloSupreme Court of Louisiana · 1915
- State ex rel. Saragusa v. OttSupreme Court of Louisiana · 1919