La Groue v. City of New Orleans

Citations

• 114 La. 253
• 38 So. 160
• 1905 La. LEXIS 450

Syllabus

<p>APPEAL — JURISDICTION—AMOUNT IN CONTROVERSY-LIABILITY OP CITY — NEGLIGENCE OE CONTRACTOR — CREDIBILITY 0E WITNESSES.</p> <p>On Motion to Dismiss Appeal.</p> <p>1.Where the wife sues for damages for personal injuries, and the husband joins in the action. claiming as damages medical and other expenses incurred by reason of the injuries'to th;wife, held, that the test of appellate jurisdiction is the sum total of both demands arising from the same cause of action.</p> <p>On the Merits.</p> <p>2. Where the city of New Orleans, through a board of commissioners, made a contract with an arboriculturist for the furnishing and planting of a large number of, trees upon the neutral ground in St. Charles avenue, the city having no choice in the selection of workmen and no-control over the manner of doing the work, and where the’ work of planting the trees did not necessarily constitute an obstruction or defect in the street, rendering it unsafe or dangerous for the purposes of public travel, held, that the city is not liable with the contractor for personal injuries occasioned by plaintiff falling at night into one of the holes carelessly left open by the contractor.</p> <p>3. On the question of the credibility of wit-</p> <p>nesses and of the quantum of damages, the opinion of the trial judge, sitting without a jury, is entitled to great weight, and will not be disturbed unless clearly, wrong or manifestly erroneous. -</p> <p>(Syllabus by the Court.)</p>