Maille v. Illinois Cent. R.

Citations

• 121 La. 360
• 46 So. 355
• 1908 La. LEXIS 679

Syllabus

<p>1. pleading — Construction.</p> <p>The suit is one brought by plaintiff in his capacity of father of his minor child, seeking to recover damages for personal injuries received by the child. Where a plaintiff bringing suit in a representative capacity joins individually as a eoplaintiff, it is usual for that fact to be declared. The prayer of the petition must be read in connection with the pleadings. The damages prayed for are declared upon as damages due to the child. Ashbey v. Ashbey, 38 La. Ann. 902.</p> <p>2. Appeai>-Judgment — Modification.</p> <p>The district court rendered a judgment in favor of the defendant against plaintiff upon his demand for damages, dismissing the demand as of nonsuit. Defendant appealed, praying to have the judgment altered to an absolute judgment in its favor. Plaintiff on appeal has not prayed for any alteration of the judgment, but resists defendant’s demand for a change. There is no suggestion by plaintiff that he will be able to obtain additional evidence, and no reason to suppose that the witnesses on a second trial will alter their evidence. Plaintiff recognizes by his conduct that his demand on the evidence as adduced does not warrant a judgment in his favor. Judgment changed to an absolute judgment in defendant’s favor.</p> <p>(Syllabus by the Court.)</p>