Cooper v. Blanck

Syllabus by the Court.

A foetus en ventre sa mere in the ninth month of gestation is a child in contemplation of law and within the meaning of Article 2315 R.C.C., which confers upon parents a right of action for the loss of a child by the negligent act of another.

A prenatal injury of a foetus in the ninth month of gestation which results in the death of the child three days after its birth, gives the child a right of action against one whose negligence caused the injury which survives to its parents under Article 2315, R.C.C.

The exercise of judicial discretion in the estimation of damages due…