Betz v. Limingi
Supreme Court of Louisiana
APPEAL from the Oivil District Court, Parish of Orleans. King, J. Property owner bound to repair paved banquette. Sec. 36, Act 20 of 1882 (City Charter). ( Responsibility for malfeasance. C. O. 2315. Responsibility for non-feasance. O. C. 2316. Louisiana sidewalk cases, damages allowed. O’Neill vs. City, 30 An. 220; McCloughry vs. Einney, 37 An. 27. Obstructions in highways nuisances.
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APPEAL from the Oivil District Court, Parish of Orleans. King, J. Property owner bound to repair paved banquette. Sec. 36, Act 20 of 1882 (City Charter). ( Responsibility for malfeasance. C. O. 2315. Responsibility for non-feasance. O. C. 2316. Louisiana sidewalk cases, damages allowed. O’Neill vs. City, 30 An. 220; McCloughry vs. Einney, 37 An. 27. Obstructions in highways nuisances. Wood on Nuisances, Sec. 16; Rose vs. Miles, 4 M. and S. 101; Barr vs. Stevens, 1 Bibb (Ky.), 293; Hughes vs. Heiser, 1 Binn (Penn.), 463. .Private remedy exists where there is statutory obligation to repair.…
1Opinion of the Court
The opinion of the court was delivered by
MüEnery, J.
The plaintiff’s wife was injured on the banquette in front of defendant’s house, in'the city of New Orleans, while passing in front of the same. It is alleged that the injury was in consequence of the defendant having neglected to repair the banquette. It is not alleged that the injury resulted from any obstacles placed on the banquette by defendant. There was judgment for defendant, rejecting plaintiff’s demand. The plaintiff appealed.
*1116Section 36 of the charter of the city of New Orleans provides “ that all paved banquettes in the city of…
2Cases cited2 opinions
- Taylor v. Lake Shore & Michigan Southern RailroadMichigan Supreme Court · 1881
- City of Hartford v. TalcottSupreme Court of Connecticut · 1881
3Cited by13 opinions
- Arata v. Orleans Capitol Stores, Inc.Supreme Court of Louisiana · 1951
- Schaefer v. LenahanCalifornia Court of Appeal · 1944
- Toppi v. ArbourLouisiana Court of Appeal · 1960
- Kuck v. City of New OrleansLouisiana Court of Appeal · 1988
- Brown v. Parish of East Baton RougeLouisiana Court of Appeal · 1960
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