Newsom v. Starns
| Decision Date | 25 April 1932 |
| Docket Number | 31657 |
| Citation | 142 So. 138,174 La. 955 |
| Court | Louisiana Supreme Court |
| Parties | NEWSOM v. STARNS et al |
Judgment of the Court of Appeal annulled and set aside, and case remanded to such court.
Action by Dr. Sedgie L. Newsom against Isaac G. Starns and others. A judgment for defendants was set aside and the case remanded for a new trial by the Court of Appeal (136 So. 743), and plaintiff applies for certiorari or writ of revew.
Rownd & Warner, J. M. Blache, Jr., and B. Marvin Harvard, all of Hammond, for relator.
Amos L Ponder and W. B. Kemp, both of Amite, Carter Rownd and Carroll Buck, of Amite, for respondents.
Plaintiff has sued defendants for damages for kidnapping, tarring and feathering him, and has joined with this cause of action separate and distinct demands for damages to his good name and reputation in the sum of $ 20,000, alleged to have been caused by general publication in the newspapers of the news of plaintiff's tarring and feathering, and by the special publication by the defendant Isaac G. Starns "of vile and defamatory charges against petitioner, alleging that he had been intimate with his, defendant's, wife." Plaintiff's Petition, Arts. 23-30.
The principal demand of plaintiff for $ 20,000 necessarily includes damages for personal injury, as plaintiff alleges that he was violently seized and forcibly handcuffed, and that his wrists were thereby injured, that coal tar, smeared by defendants upon his body, burned his skin with great intensity and pain from head to foot, and that his body was cut and twisted by the inhuman treatment received by him at the hands of defendants, and that he was dumped with violence out of the car driven by defendants in the main business section of the town of Hammond, after he had been brought back to town by them.
As the Court of Appeal has exclusive jurisdiction over suits for damages for personal injuries, regardless of amount, it has jurisdiction, without doubt, over the principal demand of plaintiff in this case for damages in the sum of $ 20,000.
But the demands of plaintiff for damages in the sum of $ 20,000, for general publication of news of his tarring and feathering and for special publication by the defendant Isaac G. Starns of alleged libelous matters affecting plaintiff, are not suits for damages for personal injuries, but are separate and distinct causes of action, over which the Court of Appeal has no...
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... ... Kimmerle, 215 Col ... 143, 9 P.2d 199; Ward v. De Martini, 108 Cal.App ... 745; Shea v. Cassidy, 257 Ill.App. 557; Newsome ... v. Starns, 174 La. 955, 142 So. 704; Graves v ... Peck, 114 Neb. 745, 209 N.W. 617. (c) Defendants' ... counsel saw the instruction, made no objection to ... ...
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...in the tort claim are for mental anguish, embarrassment, etc. We have not overlooked the decision of our Supreme Court in Newsom v. Starns, 174 La. 955, 142 So. 138, in which it was held that the Court of Appeal for the First Circuit had no jurisdiction over that part of a claim which was b......
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... ... The cases of Newsom v. Starns, 174 La. 955, 142 So. 138 and Apple-white v. New Orleans Great Northern R. Co., La.App., 148 So. 261, are cited as authority for the ... ...
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Hamilton v. Lumbermen's Mut. Cas. Co., 41600
...v. Original Club Forest, 220 La. 183, 56 So.2d 147, in which the Court found it necessary to overrule the former case of Newson v. Starns, 174 La. 955, 142 So. 138, in which this Court had assumed appellate jurisdiction with regard to that part of the demand which related to an alleged libe......