Gueble v. Town of Lafayette

Citations

• 121 La. 909
• 46 So. 917
• 1908 La. LEXIS 771

Syllabus

<p>1. Evidence — Weight and Sufficiency.</p> <p>It is sufficient if the substance of the allegation be proved.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 20, Evidence, § 2446.]</p> <p>2. Municipal Corporations — Defective Sidewalks.</p> <p>Plaintiff was an aged man. His little granddaughter, whom he was conducting on the sidewalk, was about to fall. He sought to prevent the fall. In the attempt he stepped into a hole in the sidewalk which was in bad condition.</p> <p>3. Same — The Fall.</p> <p>In his fall on the sidewalk he received severe injury.</p> <p>4. Same — Condition of Sidewalk — Appeal-Review.</p> <p>There were planks missing in the sidewalk, boards broken, and stringers not in place, and pieces not nailed.</p> <p>Young men in passing had been tripped up, others liad seen its bad condition. It was the sidewalk of one of the principal streets.</p> <p>The sidewalk in its defective condition was the cause of the fall.</p> <p>The defendant is liable in damages.</p> <p>As relates to the testimony there is some slight conflict. The trial judge who heard and saw the witnesses while they were testifying thought that the preponderance was with plaintiff.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 36, Municipal Corporations, §§ 1739-1744.]</p> <p>(Syllabus by the Court.)</p>