Smith v. City of Baton Rouge
Louisiana Court of Appeal
1Opinion of the CourtMouton, J.
The Baton Rouge Water Works Company as assignee, is under contract to supply the City of Baton Rouge, the other defendant, with water; and, for that purpose, is authorized under the contract to take up mains and pipes in the streets of the city. A child of plaintiffs, Mr. and Mrs. Smith, two years and six months old at the time, was drowned in a cut or excavation which had been made by the Baton Rouge Water Works Company in Julia Street of said city for the purpose of repairing a leaking valve in the main of the company’s • water pipe.
This excavation was approximately four feet, five inches…
2Cases cited9 opinions
- Loftus v. . Union Ferry Company of BrooklynNew York Court of Appeals · 1881
- Westerfield v. Levis Bros.Supreme Court of Louisiana · 1891
- Fox v. Oakland Consolidated Street RailwayCalifornia Supreme Court · 1897
- Lopes v. SahuqueSupreme Court of Louisiana · 1904
- New Orleans & Northeastern Railroad v. McEwen & Murray, Ltd.Supreme Court of Louisiana · 1897
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3Cited by3 opinions
- Brown v. WadeLouisiana Court of Appeal · 1933
- Jeffreys v. City of BurlingtonSupreme Court of North Carolina · 1962
- Payne v. State Farm Mutual Automobile InsuranceLouisiana Court of Appeal · 1974