Green v. Chotin
| Decision Date | 18 March 1935 |
| Docket Number | 15035 |
| Citation | 159 So. 760 |
| Court | Court of Appeal of Louisiana — District of US |
| Parties | GREEN v. CHOTIN |
K. V Richard, of New Orleans, for appellant.
Deutsch & Kerrigan & Burke, of New Orleans, for appellee.
This is a suit for damages, and from a judgment in favor of plaintiff, defendant has appealed. Plaintiff answered the appeal and prayed for an increase in the judgment.
Defendant operates an automobile filling station on the downtown river corner of Cohn and Adams streets, and, in order to facilitate the entrance and exit of automobiles to and from his service station, defendant constructed a ramp adjoining the concrete curb on Adams street. The ramp is made of wooden boards two inches thick and eight or ten inches wide nailed on to wooden crosspieces approximately four inches by four inches. It lies next to, or adjoins the curb on Adams street, and runs approximately the length of the station and facilitates automobiles entering the station by permitting them to avoid the curbstone. The space between the curb and the interior of the filling station is made of concrete, and it appears that there was a hole, or broken place, in the concrete sidewalk on Adams street several feet in diameter.
At about 10:30 p. m. on the night of March 9, 1934, petitioner was walking along the sidewalk on Adams street, in company with one Joseph Banks. It was raining and petitioner asked Banks to wait for him while he returned home to close his windows, or to get something which he had forgotten. Plaintiff started toward his home on Adams street and stepped on the edge of the hole in the sidewalk with his left foot which caused him to stumble forward, and, in attempting to regain his balance, he caught his right foot in a hole in the ramp and injured it.
There seems to be a conflict in the testimony as to the existence of this hole, or crack in the ramp, which is alleged to have been approximately three or four inches wide and ten or eleven inches long. It also appears that new boards were placed in the ramp and certain repairs made by defendant. Inasmuch as the trial judge found that the hole existed, we find no such manifest error in his finding of fact as to warrant a reversal by us in this respect. The sole question presented here is the liability of defendant for the injuries sustained by plaintiff.
The ramp in question was constructed by defendant on public property and was placed solely...
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State ex rel. Shell Petroleum Corp. v. Hostetter
... ... v. Childress, 78 F.2d 861; Magid v ... New York, 234 A.D. 38, 254 N.Y.S. 236, affirmed in 259 ... N.Y. 618, 182 N.E. 206; Green v. Chotin, 159 So ... 760; Melvin v. Kane, 265 S.W. 1061, affirmed in 277 ... S.W. 374; Mitchell v. Thomas, 91 Mont. 370, 8 P.2d ... 639 ... ...
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State ex rel. Shell Petroleum Corp. v. Hostetter
...v. Childress, 78 Fed. (2d) 861; Magid v. New York, 234 App. Div. 38, 254 N.Y. Supp. 236, affirmed in 259 N.Y. 618, 182 N.E. 206; Green v. Chotin, 159 So. 760; Melvin v. Kane, 265 S.W. 1061, affirmed in 277 S.W. 374; Mitchell v. Thomas, 91 Mont. 370, 8 Pac. (2d) 639. (2) As to the relator's ......
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Lee v. City of Baton Rouge
...or undertaking. (See Arata v. Orleans Capitol Stores, 219 La. 1045, 55 So.2d 239; Legg v. Palozzola, La.App., 51 So.2d 151; Green v. Chotin, La.App., 159 So. 760; Rock v. American Construction Co., 120 La. 831, 45 So. 741, 14 L.R.A.,N.S., The jurisprudence which imposes liability upon the a......
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Johnson v. Gulf Refining Co.
... ... Green v. Chotin, La.App., 159 So. 760, 761; Mays v. Gamarnick, 326 Mass. 139, 93 N.E.2d 236; Cuddy v. Shell Petroleum Corp., ... Mo.App., 127 S.W.2d 24; ... ...