Ham v. Louisiana & N. W. R.
Supreme Court of Louisiana
Appeal from Eleventh Judicial District Court, Parish of Natchitoches; W. T. Cunningham, Judge. Action by Mrs. Sarah J. Ham against the Louisiana & Northwest Railroad Company and others. Prom judgment for plaintiff, defendants appeal.
1Opinion of the CourtO’Niell, J.
The plaintiff sued for $1,000 damages for personal injuries alleged to have been suffered by falling into an underground cistern on the defendant’s premises, and for $500 punitory damages. Her suit was dismissed on an exception of no cause of action. She did not appeal, but filed another suit for $5,000 actual damages and for $2,500 punitory damages, on the same cause of action, without reference to her former suit.
The defendants filed pleas of res ad judicata, which were overruled, and, after answering the petition, filed pleas of estoppel, asserting that the plaintiff was estopped and bound…
2Cited by4 opinions
- Alessi v. Town of IndependenceSupreme Court of Louisiana · 1917
- Reine v. Pontchartrain R.Supreme Court of Louisiana · 1919
- French v. Trout Creek Lumber Co.Supreme Court of Louisiana · 1917
- Ham v. Louisiana & N. W. R.Supreme Court of Louisiana · 1917