Hausser v. Ader & Gerac
Supreme Court of Louisiana
APPEAL from the Civil District Court, Parish of Orleans — St. Paul. J. The plaintiff, on her own behalf and as tutrix of her child, Jacob W, Hausser, sues to recover the sum of fifty-one hundred and ten dollars from the defendants, in solido, for damages resulting from an injury received by the said child on August 8, 1899. She alleges that on the morning of that day while the child, six years of age, was quietly walking along the sidewall?: of Chartres street, a fiery and…
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APPEAL from the Civil District Court, Parish of Orleans — St. Paul. J. The plaintiff, on her own behalf and as tutrix of her child, Jacob W, Hausser, sues to recover the sum of fifty-one hundred and ten dollars from the defendants, in solido, for damages resulting from an injury received by the said child on August 8, 1899. She alleges that on the morning of that day while the child, six years of age, was quietly walking along the sidewall?: of Chartres street, a fiery and vicious horse belonging to the defendants and used 0y ihem in making their collections, was carelessly left standing…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, O. J.
The case turns entirely upon questions of fact. It is useless to refer particularly to the evidence. It suffices to say that plaintiff has failed to sustain allegations of her petition. The horse was not driven by a careless driver when it took fright; it had not been left standing alone. The owner of the horse and vehicle had just gone into an adjacent building to collect a bill, leaving them in charge .of an attendant, who had gotten out and was holding the horse by the bridle *110when there was a sudden blowing off of steam from the…
2Cited by1 opinion
- In re Aztec Land Co.Supreme Court of Louisiana · 1919