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SMITH v. DELERY

Nos. 43928, 43943.

114 So.2d 857 (1959)

238 La. 180

William N. SMITH, individually and for the use and benefit of his minor son, Wayne R. Smith, v. Edward J. DELERY. William N. SMITH, Individually and for the use and benefit of his minor son, Wayne R. Smith, and St. Paul Mercury Indemnity Company, Intervenor, v. Edward J. DELERY.

Supreme Court of Louisiana.

Rehearings Denied November 9, 1959.

Attorney(s) appearing for the Case

Lemle & Kelleher, Carl J. Schumacher, Jr., Dudley D. Flanders, New Orleans, for intervenor.

Oliver S. Delery, Byrnes & Wallace, Peter H. Beer, Montgomery, Barnett, Brown & Read, New Orleans, for respondent.

FOURNET, Chief Justice.

We granted certiorari in this case on the applications of the plaintiff, William N. Smith, and the intervenor, St. Paul Mercury Indemnity Company,1 to review the judgment of the Court of Appeal, Parish of Orleans, affirming the judgment of the district court dismissing the suit plaintiff had filed to recover damages,2 individually, and on behalf of his minor son, Wayne R.

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