Biegel v. City of New Orleans
Supreme Court of Louisiana
Appeal from Civil District Court, Parish, of Orleans; T. C. W. Ellis, Judge. Action by Michael M. Biegel against the City of New Orleans and the Sewerage and Water Board. Judgment for plaintiff against the City and in favor of the Board, and the City appeals.
1Opinion of the CourtO’Niell, J.
This is an action for damages for the death of the plaintiffs child, who was drowned in an aqueduct or culvert. The suit was brought against the sewerage and water board, as well as the city. Judgment was rendered against the city for $4,-000, the sewerage and water board being exonerated from responsibility for the accident. The city alone has appealed.
[1] The child lived with his grandparents, at the corner of two unpaved streets, where there were open ditches about 2% feet deep and 5 feet wide. The culvert, being a wooden structure 2% feet deep, 3% (or possibly 5) feet wide, and nearly 50…
2Cited by13 opinions
- Guidry v. HamlinLouisiana Court of Appeal · 1939
- Slaughter v. Gravity Drainage District No. 4Louisiana Court of Appeal · 1962
- Smith v. City of Baton RougeSupreme Court of Louisiana · 1928
- Phillips v. City of New OrleansLouisiana Court of Appeal · 1957
- Power v. Village of HibbingSupreme Court of Minnesota · 1930
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