MERCHANT v. MONTGOMERY WARD & COMPANY

No. 4095.

83 So.2d 920 (1955)

Mrs. Frances Cummins MERCHANT, Plaintiff-Appellant, v. MONTGOMERY WARD & COMPANY, Inc., et al., Defendants-Appellees.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied December 30, 1955.

Writ of Certiorari Denied March 1, 1956.


Attorney(s) appearing for the Case

Breazeale, Sachse & Wilson, Baton Rouge, for appellant.

Hynes, Mathews & Lane, Thos. B. Pugh, Baton Rouge, for appellees.


TATE, Judge.

In these proceedings a pedestrian seeks recovery of damages for personal injuries sustained through fall on a sidewalk allegedly due to hazard created by the defendant, the abutting property owner.

Earlier proceedings filed in federal court had resulted in two mistrials, the juries failing to agree on a verdict on each occasion. This earlier suit having interrupted prescription, the present suit was filed in State court over three years after...

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