Jordan v. The Checker Cab Co., Inc.
Decision Date | 11 February 1928 |
Docket Number | 11,078 |
Citation | 10 La.App. 132,120 So. 426 |
Court | Court of Appeal of Louisiana — District of US |
Parties | JORDAN v. THE CHECKER CAB CO., INC |
Rehearing Refused March 4, 1929.
Appeal from the Civil District Court for the Parish of Orleans Division "A". Hon. Hugh C. Cage, Judge.
Action by Mrs. Nell V. Jordan against The Checker Cab Co., Inc.
There was judgment for plaintiff and defendant appealed.
Judgment amended.
Samuel J. Tennant, Jr., of New Orleans, attorney for plaintiff appellee.
P. L Fourchy, of New Orleans, attorney for defendant, appellant.
Plaintiff sues individually and as tutrix for her minor daughter, for damages for personal injuries alleged to have been caused to both by defendant, who were passengers in its cab, when its chauffeur negligently ran into a parked car upon St. Charles Avenue in the 4900 block.
Defendant first filed an exception of no cause of action and when this was overruled, answered denying specifically all allegations of the petition. Later it filed a supplemental answer averring that the collision had been caused by an unknown driver of a large automobile, which had bumped into defendant's car, as it was going up St. Charles Avenue and knocked it over into the parked car. The trial judge later rescinded his order permitting the filing of the supplemental answer on the ground that it changed the issue between the parties, the first answer having denied the collision entirely and the second having admitted it.
This ruling was correct. See Code of Practice, Arts. 419 and 420.
Charles Case, Receiver of the First National Bank of New Orleans vs. Robert Watson, 22 La.Ann. 350.
L. P. Spyker vs. E. C. Hart, 22 La.Ann. 534.
E. J. Hart Co. vs. Mrs. M. J. Bowie et al., 34 La.Ann. 323.
Jamison vs. Charles F. Cullom & Co., 110 La. 781, 34 So. 775.
Roe et al. vs. Caldwell, 145 La. 853, 83 So. 43.
State et al. vs. Bozeman et al., 156 La. 635, 101 So. 4.
There was judgment for plaintiff, individually for $ 1,000.00 and as tutrix for her minor daughter for $ 100.00 and defendant has appealed.
The alleged negligence is abundantly proven by the uncontradicted testimony of both plaintiff and her daughter, as the defendant was properly not allowed to offer any testimony in support of his supplemental answer.
The amount allowed to plaintiff individually is excessive. The record shows that the enamel on one of her front teeth was broken by the impact and several of her front teeth were loosened.
Dr Gueno, the dentist who put the filling in the broken tooth, testified that the tooth had been extremely sensitive when she first came to his office and that he thought it possible that later the nerve would die in the tooth and an abscess might form, that it took him five sittings to prepare the tooth and fix it...
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