Reeves v. Globe Indemnity Co. of New York
| Decision Date | 19 June 1935 |
| Docket Number | 33449 |
| Citation | 182 La. 905,162 So. 724 |
| Court | Louisiana Supreme Court |
| Parties | REEVES v. GLOBE INDEMNITY CO. OF NEW YORK |
Rehearing Denied July 12, 1935
Appeal from Nineteenth Judicial District Court, Parish of East Baton Rouge; James D. Womack, Judge.
Suit by Mrs. C. W. Reeves against the Globe Indemnity Company of New York. From a judgment dismissing the suit, plaintiff appeals. On motion to dismiss appeal.
Appeal ordered transferred to Court of Appeal.
McCloskey & Benedict and W. Sommer Benedict, all of New Orleans, for appellant.
Taylor Porter & Brooks, of Baton Rouge, for appellee.
Plaintiff instituted this suit against the defendant for damages for physical injuries alleged to have been sustained by her in the state of Illinois, on September 3 1933, while occupying an automobile as the guest of the owner, Cornelius King, who carried insurance with the defendant against public liability. The suit was brought against the defendant insurance carrier alone in accordance with the provisions of Act No. 55 of 1930.
Plaintiff filed suit on August 24, 1934, but failed to allege the facts surrounding the accident or the cause thereof and negligence on the part of King, the insured, at the time of the accident, and defendant filed exceptions of no cause or right of action.
On January 26, 1935, more than one year after the date of the accident but before the court had disposed of the exception of no cause or right of action, plaintiff filed a supplemental and amended petition, giving the details of the cause of the accident and alleged gross negligence on the part of the driver of the car.
The defendant filed a plea of prescription of one year, which was sustained by the lower court, and the suit dismissed. Plaintiff appealed to this court from the judgment dismissing her suit; whereupon the defendant moved to dismiss the appeal on the ground that this court is without jurisdiction ratione materiae.
The pertinent part of section 10 of article 7 of the Constitution of 1921, dealing with the powers and jurisdiction of the Supreme Court of Louisiana, reads as follows:
"It [the Supreme Court] shall have appellate jurisdiction in civil suits * * * except in suits for damages for physical injuries to, or for the death of a person, or for other damages sustained by such person or his heirs or legal representatives, arising out of the same circumstances. * * *" (Italics ours.)
We have held that Metropolitan Casualty Ins. Co. of New York v. Bowdon, 181 La. 295, 159 So. 394, 395. (Italics ours.)
But counsel for pla...
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McArthur v. Maryland Casvalts Co.
...the negligence laws in effect in the state of Louisiana. Metropolitan Casualty Ins. Co. of N.Y.v. Bowdon, 159 So. 394; Reeves v. Globe Indemnity Co. of N. Y., 162 So. 724, 164 So. 642; Louisiana Revised Civil Code, Articles 2316, 2317 and 2320. That part of Act No. 55, Louisiana Laws 1930, ......
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...tort. * * *' See, also: Emmco Insurance Co. v. Globe Indemnity Co., 237 La. 286, 111 So.2d 115; Reeves v. Globe Indemnity Co. of New York, 185 La. 42, 168 So. 488, 489; 182 La. 905, 162 So. 724; Metropolitan Casualty Ins. Co. of New York v. Bowdon, 181 La. 295, 159 So. In the Emmco case, wh......
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...cause of action against the insured is the first requisite to a direct action against the liability insurer. Reeves v. Globe Indemnity Co. of New York, 182 La. 905, 162 So. 724, 735; Mock v. Maryland Casualty Company, La.App., 6 So.2d 199; Burke v. Massachusetts Bonding & Insurance Company,......