Chopin v. City of New Orleans

This is a suit for damages to plaintiff’s automobile, and for physical injuries suffered by his minor son as a result of a collision between plaintiff’s automobile and a garbage cart driven by an employee of the defendant, the City of New Orleans.

The defense, as presented to the trial court, consisted of a denial of fault on the part of defendant’s employee, an imputation of "negligence to plaintiff, and a plea of contributory negligence.

In this court in argument and in brief the contention was for the first time made that in collecting garbage the defendant City is discharging a governmental…