Hanton v. New Orleans & C. R., Light & Power Co.

Citations

• 124 La. 562
• 50 So. 544
• 1909 La. LEXIS 498

Syllabus

<p>1. Insurance (§ 600*) — Subrogation — Actions — Parties. , .</p> <p>Where the owner of property which has- • been destroyed by fire through another’s negligence has been paid part of his losses by an insurer, who thereby becomes subrogated to the remedies of the assured, an action to recover from the wrongdoer the value of the property destroyed is properly brought in the name of the assured, and the insurer is not a necessary party to such action. The wrongful act is indivisible, and gives rise to but one cause of action.</p> <p>2. Electricity (§ 16*) — Actions for Damages — Defenses.</p> <p>The fixtures for plaintiffs’ dwelling had for years been used, without injury or loss, in connection with the electrical wires by which the defendant company lighted the house. They had been accepted as sufficient by the company. Had anything been wrong about them, it was the company’s duty to have, by examination ancf. inspection, ascertained and reported the fact. It was engaged in that particular business, and' had knowledge of what was required for safety. The other party did not.</p> <p>3. Electricity (§ 19*) — Actions for Damages — Sufficiency of Evidence.</p> <p>The evidence on the trial satisfied the jury that on the day of the fire which injured plaintiffs’ dwelling the defendant company, by its fault, passed through the wires by which the house was lighted a current of electricity of greater power and strength than the fixtures in the house were prepared to receive and meet. The court is not prepared to say that the conclusions of the jury are erroneous.</p> <p>Monroe, J., dissenting.</p> <p>On Rehearing.</p> <p>4. Appeal and Error (§ 901*) — Burden to Show Error.</p> <p>The.burden rests on an appellant to show, to the satisfaction of this court, that the judgment complained of is incorrect; and where that is not done, and this court can feel no assurance that it could render a judgment that would come nearer doing justice, the judgment appealed from will be affirm