Goodwin v. Bodcaw Lumber Co.

Citations

• 109 La. 1050
• 34 So. 74
• 1902 La. LEXIS 172

Syllabus

<p>PRESCRIPTION — 'WRONGFUL DEATH — RIGHT OF ACTION — PARTIES DEFENDANT — LEASED RAILROAD — CORPORATION — SALE OF PROPERTY.</p> <p>1. An action for damages resulting from an offense or quasi offense is prescribed by one year. The prescription runs against minors, reserving, however, to them their recourse against their tutors. Oiv. Code, arts. 353G, 3541.</p> <p>2. The right of action granted to the widow and minor children, under article 2315 of the Civil Code, for damages resulting from the death of the husband and father, by the fault of another, is given for the space of one year from the death.</p> <p>3. Where the locomotive and car attached thereto which ran over and killed a man belonged in fact to a particular corporation, and was in the possession and under the control of its employes, another corporation, from which it had bought the property, with which the man killed had no connection, is not legally responsible for the tort by reason of the fact that the act of sale of the property was not registered in the conveyance book of the parish where the tort was committed, or that the property continued to be assessed in that parish in the name of the vendor. The nonregistry of the act of sale and the continued assessment in the name of the vendor have no causal relation with the act of killing. The canse of action declared in this case was the injury to the deceased, not the misleading of the party having the right of action as to the party against whom he should institute it by nonregistry.</p> <p>4. A portion of the stockholders of -one corporation have the .legal right to organize another corporation, and the corporation has the legal right to sell a part of its property to the new corporation, or to the individual promoters thereof, before its incorporation. The corporation is separate and distinct from the stockholders. Parties having claims of no kind against either the first corporation, or its property, or its stockholders, have no legal cause to comp