Lorenz v. City of New Orleans

Citations

• 114 La. 802
• 38 So. 566
• 1905 La. LEXIS 544

Syllabus

<p>MUNICIPAL CORPORATIONS — DEFECTIVE STREET</p> <p>—NOTICE—INJURY TO INFANT — CONTRIBUTORY NEGLIGENCE — DAMAGES.</p> <p>1. Where a girl nine years old was injured by stepping into a small hole in a plank forming part of the cover of a fire well in a street intersection, and the evidence shows the existence of the hole and the rottenness of the plank for several weeks or months prior to the date of the accident, held, that notice of the defect would be imputed to the municipal authorities, on the principle that negligent ignorance is equivalent to actual knowledge.</p> <p>2. Contributory negligence will not be imputed to a child nine years old merely because she knew that there was a hole of some kind in the covering of a fire well, and did not see or avoid the hole while running across the street in the twilight.</p> <p>3. Where the hip of a girl, nine years old, was dislocated, and thereby permanently weakened, an award of $2,500 for pain, suffering, and injury is not manifestly excessive.</p> <p>(Syllabus by the Court.)</p>