"The
petition of Alfred M. Rhodes, a resident of the Parish of
Bienville, State of Louisiana who with respect represents:
"1.
That Henderson Jordan is the duly elected, qualified and
acting Sheriff of Bienville Parish, Louisiana, and was so
during the month of October, 1932, and that the said
Henderson Jordan, Sheriff of Bienville Parish, Louisiana, and
Sun Indemnity Company of New York, New York, a foreign
insurance corporation doing business in the State of
Louisiana, are justly and legally indebted unto your
petitioner in solido in the full and just sum of $ 10,245.85
with legal interest thereon from date of judicial demand
until paid, and all costs of this suit.
"2.
Your petitioner alleges that on or about the 10th day of
October, 1932, while he was at his home about three miles
southwest of the Town of Gibbsland, Louisiana, Henderson
Jordan, Sheriff of Bienville Parish, Louisiana, and P. M.
Oakley, his duly authorized deputy, Dave Armstrong, Night
Marshal for the Town of Gibbsland, and A. D. Williams, Day
Marshal of the Town of Gibbsland, came to his home and
accused him of having been drunk and disorderly and with
disturbing the peace in the town of Gibbsland on or about the
8th day of October, 1932, and told your petitioner that he
would have to pay a heavy fine for it unless he would assist
the Sheriff of Bienville Parish and his deputies in
apprehending the "bootleggers' and
"moonshiners' from whom he had obtained his whiskey,
and assured him that if he would disclose their identity and
point out the location of the stills to the Sheriff, no
charges would be lodged against him, and then told him to
"think the proposition over' and they would return
in a few days for his answer.
"3.
That on or about the night of October 22, 1932, your
petitioner was in the town of Gibbsland and that in the early
part of the night or late afternoon, said Dave Armstrong,
Night Marshal for the Town of Gibbsland, asked your
petitioner if he was ready to go with him and the
"Sheriff' to point out the location of the stills
and disclose the identity of the bootleggers and moonshiners,
but that your petitioner answered that it was impossible for
him to go at that time. Whereupon, said Dave Armstrong called
by telephone P. M. Oakley, Deputy Sheriff of Bienville
Parish, Louisiana. Whereupon said P. M. Oakley came to
Gibbsland and told your petitioner that he was ready to go
after the bootleggers and moonshiners and that your
petitioner must go with him, to which your petitioner
protested. But notwithstanding his protest, the said P. M.
Oakley, Deputy Sheriff, acting in his official capacity,
compelled your petitioner to get in his automobile and go
with him and that your petitioner did get in the automobile
with the said P. M. Oakley, Deputy Sheriff, and said Dave
Armstrong, which was against your petitioner's will, and
that he did so only upon order and command of the said P. M.
Oakley, Deputy Sheriff.
"4.
That the said P. M. Oakley, Deputy Sheriff, put your
petitioner in the automobile with him and the said Dave
Armstrong and drove away from the town of Gibbsland, out what
is known as the Oak Grove Road and that he, the said P. M.
Oakley, Deputy Sheriff, acting in his official capacity, told
your petitioner again that if he would point out the location
of the stills and disclose the identity of the bootleggers
and moonshiners, that he would not be prosecuted, but that if
he failed to do so, he would be prosecuted and subjected to
payment of a heavy fine and a jail sentence, and that your
petitioner was then under arrest and forced to accede to the
demands of the said P. M. Oakley, Deputy Sheriff, acting in
his official capacity.
"5.
That the said P. M. Oakley drove the automobile in which they
were riding somewhere on the Oak Grove Road and let the
aforesaid Dave Armstrong get out of the car. Whereupon he
immediately proceeded to Bryceland, where he got one T. H.
Taylor, duly authorized and empowered Deputy Sheriff of
Bienville Parish, Louisiana, acting under the official
direction of the said Henderson Jordan, Sheriff of Bienville
Parish, and that the said P. M. Oakley and T. H. Taylor were
then and there acting in the discharge of their duties as
deputy sheriffs and that they acted as agents, employees and
authorized deputies of the said Henderson Jordan, Sheriff of
Bienville Parish, and that their said acts were the official
acts of the said Henderson Jordan, Sheriff.
"6.
That the said P. M. Oakley operated a Ford Sedan automobile
owned and used by Henderson Jordan, Sheriff of Bienville
Parish, in his official duties and that same was operated by
said P. M. Oakley, Deputy Sheriff, in the discharge of his
duties as aforesaid, and that your petitioner occupied the
front seat of said automobile, which was driven by said P. M.
Oakley and that the said T. H. Taylor, occupied the rear seat
of said automobile.
"7.
That your petitioner was then under arrest and in the custody
of Henderson Jordan,
Sheriff of Bienville Parish, who was acting through the said
duly authorized and empowered deputies, P. M. Oakley and T.
H. Taylor.
"8.
That your petitioner was taken in said automobile to the
vicinity of Black Lake, where he attempted to locate a still
and its operators, upon order, threat of prosecution if he
failed to do so, and promise of reward for so doing, made by
said deputies, but that he was unable to locate same and that
he, in company with said deputies as aforesaid drove back
toward the town of Gibbsland, in Bienville Parish, over what
is known as the Oak Grove Road.
"9.
That as they neared the town of Gibbsland, it being somewhere
near midnight, your petitioner objected to the manner in
which P. M. Oakley drove and operated the automobile in which
they were riding and particularly did he remonstrate with
said Oakley about the dangerous rate of speed, at which he
was driving, and further told said P. M. Oakley, who was
driving said automobile, as above alleged, that the road was
very hilly and crooked and that he had better watch out for
the curves and hills, but that, notwithstanding his protest,
the said Oakley continued to drive said automobile in a very
careless, reckless, dangerous and negligent manner.
"10.
That at a point approximately two miles from the town of
Gibbsland, on said Oak Grove Road, at which point being very
hilly and crooked, your petitioner again protested against
the manner in which said Oakley operated said automobile and
made the remark to said Oakley that he had better be careful
going over that hill because there was a curve just over the
top and that he was afraid the car would be wrecked.
"11.
That the said Oakley ignored his protest and continued to
drive the automobile in a very careless, reckless and
negligent manner and that as he approached and mounted the
crest of the hill, the head lights on the automobile
reflected up and off said road in such manner that the said
Oakley apparently did not see the curve about which your
petitioner had just warned him and that the said Oakley did
not follow the road around the curve, but drove off the road
and into the ditch alongside.
"12.
That at the time said Oakley was driving said automobile at a
very rapid rate of speed, approximately 60 miles an hour,
over the protest of your petitioner, and that because of his
excessive speed, gross carelessness and negligence, said
automobile was wrecked and that in some manner, unknown to
your petitioner, he was thrown out of the automobile, and
fell into the highway, inflicting serious and permanent
injuries more particularly set forth hereinafter and that
said automobile ran into the ditch alongside the road and
turned over.
"13.
That the force with which your petitioner was thrown out of
said automobile into the road was so great and the impact
with which he struck the road was so great that he was
seriously and permanently injured, more particularly, that
your petitioner sustained a cortical fracture of the upper
anterior border of the body of the eleventh dorsal vertebra,
with the resulting lipping of the lumbar vertebra and
calcification in the lateral ligaments around same.
"14.
That said injuries were very painful and are at present the
source of great pain to him and that same are permanent and
render him incapable of ever, during the balance of his
natural life, performing any manual labor.
"15.
Your petitioner alleges that he was at the time of said
injury 48 years of age and that he was a farmer and that in
the course of his business he performed manual labor; that he
is not prepared for the performance of any other kind of work
for a livelihood and that since he has been permanently and
totally disabled from performing the manual labor incident to
the exercise of his business as a farmer, he has suffered
great damage, as is more fully shown hereinafter.
"16.
For treatment, T. E. Schumpert Memorial Sanitarium,
Shreveport
|
$ 117.75
|
Supplies for treatment
|
1.55
|
Dr. B. C. Garrett
|
100.00
|
Dr. O. L. Kidd
|
25.00
|
Wilson Drug Company
|
1.55
|
"17.
Your petitioner alleges that his damage is as follows:
Hospital, doctor's bill and medical
|
supplies, as above alleged
|
$ 245.85
|
Pain and suffering
|
2,000.00
|
For permanent total disability
|
8,000.00
|
Total
|
$ 10,245.85
|
"18.
That said...
