Breaux v. Simon

On Rehearing

Before ELLIS, LOTTINGER and TATE, JJ. TATE, Judge.

The foregoing original opinion on the merits contains a full statement of the issues of this litigation. Rehearing was granted, limited to consideration of the award by the trial court of $250 “for trespass on plaintiff’s property.”

Both in our opinion transferring this appeal to the Supreme Court, Breaux v. City of Sulphur, La.App., 85 So.2d 723, and in bur above initial opinion on the merits we had interpreted such award to have been in the nature of punitive damages. Accordingly, we initially disallowed recovery fór this item in…