Legal Opinion
Herman J. Daigle and Hazel M. Clement, His Wife v. Louisiana Power & Light Company
Court of Appeals for the Fifth Circuit
Decided September 3, 1957No. 16541PublishedCited by 3 opinions
1Opinion of the Court
HUTCHESON, Chief Judge.
This is an appeal by the parents of a five year old child from a judgment entered for the defendant on the verdict in its favor in a suit for the negligent death of the child. Atlantic Coast Line Railroad Co. v. Mims, 5 Cir., 199 F.2d 582.
The facts were not complicated and in general they presented a jury question whether the defendant’s truck driver was negligent and whether such negligence was the proximate cause of the child’s death. The following facts were not in dispute:
The child was standing either in the street or in close proximity to it on the sidewalk with…
2Cases cited5 opinions
- Atlantic Coast Line R. Co. v. MimsCourt of Appeals for the Fifth Circuit · 1952
- Guillory v. HoreckySupreme Court of Louisiana · 1936
- Rainwater v. BoatrightLouisiana Court of Appeal · 1952
- Doyle v. NelsonLouisiana Court of Appeal · 1942
- Claud W. Nesbit v. W. O. EveretteCourt of Appeals for the Fifth Circuit · 1955
3Cited by3 opinions
- James E. Thacker, Individually and as Next Friend for Jada Thacker, a Minor v. J. C. Penney CompanyCourt of Appeals for the Fifth Circuit · 1958
- Herman J. Daigle and Hazel M. Clement, His Wife v. Louisiana Power & Light CompanyCourt of Appeals for the Fifth Circuit · 1957
- James E. Thacker, Individually and as Next Friend for Jada Thacker, a Minor v. J. C. Penney CompanyCourt of Appeals for the Fifth Circuit · 1958