Delisle v. Bourriague

Citations

• 105 La. 77

Syllabus

<p>Syllabus.</p> <p>1. An amendment of pleadings is more readily allowéd than refused. There is no substitution of a new plaintiff when the original plaintiff amends his petition in order to make it clearly appear that his children, in whose name he sued, were the parties actually in interest. The supplement and amendment were duly served.</p> <p>2. Minors have a cause of action for the personal injury which resulted in the death of their mother. The right of action of the.mother is made to survive in the name of her children.</p> <p>3. Weight is given to the findings of facts by the district judge, affirmed by the Court of Appeal. Except in case of manifest error, they will be treated and considered as true.</p> <p>Defendant’s dogs were large and had the appearance of being vicious, and It 4. is inferred that defendant was placed on her guard as to their propensity to do harm.</p> <p>5. Although an owner is not responsible when the damage is caused by an unforeseen accident or an accident he could not guard against, as when it arises from a vis major, he is responsible when he is chargeable with the least fault.</p> <p>6. The defendant requested the deceased to come into her yard, and, after she (deceased) had complied with the request, defendant did not protect her from the attack of her savage dogs; she is, therefore, responsible for the injury which the dogs inflicted.</p>