Hauch v. Hernandez
Supreme Court of Louisiana
APPEAL from the Civil District Court, for the Parish of Orleans, Voorhies, J. 1. A suit tiled on the 24th of November. 1887, to recover damages for a guim-oftenee, alleged to have been suffered on the 25th of November, 1886, though not prescribed, is a stale claim (40 Ann. 65), subject to an unfavorable suspicion, requiring peculiarly strong and conclusive testimony to sustain it. 39 Ann. 685; 35 Ann. 1007 ; 5 Ann. 141; 7 Ann. 555; 14 Ami. 317; 2 Story's Bq.
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APPEAL from the Civil District Court, for the Parish of Orleans, Voorhies, J. 1. A suit tiled on the 24th of November. 1887, to recover damages for a guim-oftenee, alleged to have been suffered on the 25th of November, 1886, though not prescribed, is a stale claim (40 Ann. 65), subject to an unfavorable suspicion, requiring peculiarly strong and conclusive testimony to sustain it. 39 Ann. 685; 35 Ann. 1007 ; 5 Ann. 141; 7 Ann. 555; 14 Ami. 317; 2 Story's Bq. Jurisprudence, section 1520. 2. Without fault there can b.e no liability for a (/‘««si-offence. Laurent, Tome 20 No. 464; 24 Ann. 1: 11…
1Opinion of the Court
Tho opinion of tlie Court was delivered by
McEnery, J.
Tlie plaintiff brought this suit against the defendants for $7000 damages, the value of a saw mill destroyed by fire, which originated in the porcelain works of defendant and' communicated to the property of plaintiff, which- was adjoining. The suit is brought under *994Articles 2315, 23H>, 2317 of tlie Civil Code. The plaintiff alleges gross negligence on the part of the defendants in the construction of the kiln, and surrounding the same by wood work, and that the defendants wore negligent in not having said kiln and the furnace sufficiently…
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