LE BLANC, Justice.
Certiorari was granted in this case to review a judgment of the Court of Appeal, Parish of Orleans, 46 So.2d 513, which had amended and affirmed a judgment of the Civil District Court of that parish in favor of the plaintiff, on an action in tort against the defendants, L. J. Reynolds, doing business as Larry & Katz, and Coal Operators Casualty Company.
Plaintiff's demand arose out of an accident which occurred on the morning of January 9, 1949 when he slipped and fell in a pool of caustic substance on the floor of the toilet in Larry & Katz's place of business in this city, and as a result sustained severe burns about his body. He made the necessary allegations of negligence on the part of Larry & Katz in having used and permitted caustic substances to remain on the floor rendering it slimy and slippery and causing him to fall. Coal Operators Company was sued in solido, with Larry & Katz as the latter's public liability insurance carrier.
In a joint answer filed by both defendants all allegations of plaintiff's petition were denied. Particularly did defendants deny negligence on the part of Larry & Katz and they then specifically averred that they were free from any fault or carelessness in connection with the accident sustained by plaintiff, if any. Pleading in the alternative they alleged that if Larry & Katz were guilty of any negligence, plaintiff was barred by his own contributory negligence in (1) being intoxicated, at the moment he fell, to such extent as to have lost control of his mental and physical faculties, (2) in failing to take reasonable precautions, which any reasonably prudent person would have taken to guard against slipping on the floor and (3) in failing to minimize his injury by cleaning himself after falling down in a public toilet.
The demand was for $10,417. The award of the district judge was $3917 and this was reduced by the Court of Appeal by the sum of $1000.
The foregoing recital of the pleadings discloses that the only issues presented consisted of the charge of negligence made against defendant, Larry & Katz, and the plea of contributory negligence contained in the answer of the defendants. The writ of certiorari was granted because we were
We can think of no good purpose that would be served by further discussion of the facts on which the judgment of the district court was based and, as already pointed out, the written reasons of the district judge on the question of liability were adopted by the Court of Appeal in affirming the judgment on that issue. In order to reverse the judgment we would have to disagree with both Courts on matters that are purely factual. Far from disagreeing we are of the opinion that to the contrary, the record fully supports their findings.
For the reasons assigned the judgment of the Court of Appeal is affirmed.