Smith v. Female Orphan Assylum
Supreme Court of Louisiana
Appeal from the Parish court, for the parish and City of New-Orleans. This suit was brought to recover the value of a quantity ice, alleged to have been lost in consequence of the defendants having removed the roof of a building, which they had leased to the plaintiff for an ice house. The defendants admitted the lease and removal of the roof, but contended that the repairs were indispensable, and made at the instance and requst of the plaintiff.
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Appeal from the Parish court, for the parish and City of New-Orleans. This suit was brought to recover the value of a quantity ice, alleged to have been lost in consequence of the defendants having removed the roof of a building, which they had leased to the plaintiff for an ice house. The defendants admitted the lease and removal of the roof, but contended that the repairs were indispensable, and made at the instance and requst of the plaintiff. This ground of defence being unsupported by the testimony, there was judgment for the plaintiff, and the defendants appealed.
1Opinion of the Court
Mathews J.
delivered the opinion of the court. Jn this suit the plaintiff claims damages for the loss of a quantity of ice, which loss he alleges was occasioned by improper *548conduct or negligence on the part of the de- ....... „ , fondants. After the institution ol the action the plaintiff died, and it was prosecuted by his widow and son who obtained a judgment in the court below, from which the defendants appealed.
The undisputed facts of the case, are the following: The appellants leased to Smith a part of a house owned by them in the Fau-bourg St. Mary, for the term of five years, to commence…
2Cited by3 opinions
- Clark v. EngelhardtLouisiana Court of Appeal · 1928
- West Bros. v. PiersonLouisiana Court of Appeal · 1941
- Mercury Ins. Co. v. HodgesLouisiana Court of Appeal · 1941