Goothye v. DeLatour
Supreme Court of Louisiana
APPEAL from the Civil District Court, Parish of Orleans — 1 St. Paul, J. The plaintiff seeks a judgment against defendant for twenty-five thousand dollars as damages on the ground that— On the 21st of August, 1900, defendant wilfully entered plaintiff’s private premises and assaulted him with a pistol, then and there shooting at him with a loaded pistol, when a ball from said pistol, shot by defendant, entered petitioner’s body through the left side of his ¡breast,…
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APPEAL from the Civil District Court, Parish of Orleans — 1 St. Paul, J. The plaintiff seeks a judgment against defendant for twenty-five thousand dollars as damages on the ground that— On the 21st of August, 1900, defendant wilfully entered plaintiff’s private premises and assaulted him with a pistol, then and there shooting at him with a loaded pistol, when a ball from said pistol, shot by defendant, entered petitioner’s body through the left side of his ¡breast, penetrated his left lung near his heart thereby causing aneurismal varis of the heart, a permanent and painful injury endangering…
1Opinion of the Court
The opinion of the court was delivered by
Nioholls, O. J.
The defendant does not deny that the plaintiff was shot by him. The evidence establishes that fact, as also the fact that the wound inflicted was not only painful, but very dangerous, resulting in an aneurism, from which the plaintiff may die at any moment. The question submitted to us is practically one of fact; for, if the facts be established, there can be no question as to what the law as applicable to the facts is. There are only three witnesses as to what took place at the moment — the plaintiff .and his half brother, Rudolph…
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