Lynch v. Knoop

Citations

• 118 La. 611
• 43 So. 252
• 8 L.R.A.N.S. 480
• 1907 La. LEXIS 773
• 8 L.R.A (N.S.) 480

Syllabus

<p>1. Death — Personal Injury Averred.</p> <p>Plaintiff’s child suffered injury from the effects of which the child died. The suit is for damages on account of death.</p> <p>2. Same — Marriage—Burden of Proof.</p> <p>Defendant denied that plaintiff’s child was a legitimate daughter, and tendered an issue requiring proof of marriage. Plaintiff declined to furnish proof of her marriage, on the ground that the burden of proof was with defendant. The marriage, if there was a marriage, was peculiarly within her knowledge. If she held the proof, relief cannot be allowed, nor damages.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Marriage, § 68J</p> <p>3. Same — Acknowledgment — Natural Child.</p> <p>The acknowledgment of the child, as the record discloses, was made only after the death of the child. Whether timely made or not presents no important point; for whether plaintiff be considered as mother of a child, acknowledged or not acknowledged by her, she is without right to sustain the claim.</p> <p>4. Same — Legitimate Child.</p> <p>The child referred to in the Act No. 71, p. 94, of 1884, is a legitimate “child,” and not an illegitimate “child.” The right under the language of the statute to sue for damages growing out of personal injury is inherited by the mother of the former, and not of the latter.</p> <p>On the Merits.</p> <p>5. Negligence — Evidence.</p> <p>Plaintiff’s child imprudently went on the freight piled on the bank of the stream. It was not shown that defendant was guilty of negligence.</p> <p>6. Same — Proximate Cause.</p> <p>It was proven that the child, with others, went on the freight piled on the bank. Some of it fell and she was fatally injured. Under the circumstances and conditions of the accident plaintiff cannot recover.</p> <p>7. Same — Freight Had Not Been Handled by Dependant.</p> <p>The freight had been placed on the bank by the schoonermen. It was under the supervision, as relates to stacking, of the harbor master. Defendan