Hubbard v. Bouterie
Decision Date | 04 November 1936 |
Docket Number | 16431 |
Citation | 170 So. 497 |
Court | Court of Appeal of Louisiana — District of US |
Parties | HUBBARD v. BOUTERIE |
O. S Livaudais, of New Orleans, for appellant.
E. S Spiro, of New Orleans, for appellee.
The plaintiff, Mary Hubbard, was injured as a result of a collision between two automobiles. She brought this suit against the drivers of the two cars and the owner of one of them.
In the district court Victor Bouterie, the driver of one of the automobiles, was held solely responsible for the accident and a judgment was rendered against him in the sum of $ 700, from which judgment he prosecuted this devolutive appeal.
Upon the trial of the case in this court Bouterie's counsel conceded liability, but contended that the amount awarded plaintiff by the judgment was excessive.
The plaintiff's injuries are described by the learned judge of the trial court, in his reasons for judgment, as follows:
In our opinion the amount awarded plaintiff is excessive.
"While there is no fixed standard of damages, there must be some uniformity." Joynes v. Toye Bros. Auto & Taxicab Co. Inc., 11 La.App. 124, 125, 119 So. 446, 450.
See, also, Jones v. Tremont Lumber Co., 139 La. 616, 621, 71 So. 862; Williams v. Lumber Co., 125 La. 1087, 1088, 52 So. 167, 136 Am. St. Rep. 365, 19 Ann. Cas. 1244; Rice v. Crescent City R. Co., 51 La.Ann. 108, 24 So. 791 and McMahon v. New Orleans R. & L. Co., 127 La. 544, 53 So. 857, 32 L.R.A. 346.
We believe the judgment should be reduced to $ 250. Compare Angermeier v. Giarratano, 7 La.App. 355; Liddell v. Lex, 8 La.App. 13; Arceneaux v. Teche Lines (La.App.) 143 So. 533.
For the reasons assigned, the judgment appealed from is...
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