Joseph ex rel. Joseph v. Edison Electric Co.

Citations

• 104 La. 634

Syllabus

<p>Syllabus.</p> <p>1. Each case involving the allowance of damages for personal injuries has its own peculiar features, and an allowance in one ease is not necessarily a precedent which should control the allowance to be made in another.</p> <p>2. Where a young- girl is knocked prostrate and senseless' upon the public streets, unable to remove herself from public view, by the falling of a pole, and as a result of the gross negligence of two corporations, the one of which owned, and the other of which had excavated about, for the purpose of removing such pole ; and suffers great pain and nervous rigors during two weeks, and, thereafter, at the expiration of more than two months, is still a sufferer, the conclusion of the trial judge that $1000.00 is not an excessive amount to allow, even though the evidence does not show that her injuries are permanent, will not be disturbed.</p> <p>3. In such case, it is gross negligence for the company owning the pole to allow it to become so rotten as to threaten danger to the passers by, and it is equally gross negligence for a company, which in preparing to remove such pole, makes an excavation alongside of it, and so leaves it, thus increasing the danger of its breaking and falling. The two companies are, therefore, properly held liable in solido to the passer-by on the public street upon whom the pole falls.</p>