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THERIOT v. CRESCENT CIGARETTE SERVICE, INC.

No. 707.

145 So.2d 142 (1962)

Mrs. Flora THERIOT, Individually and for the use and benefit of the minor, Maria Machese v. CRESCENT CIGARETTE SERVICE, INC., Dufau Petroleum Co., Inc., Travelers Insurance Company, and New Amsterdam Casualty Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 15, 1962.

Certiorari Denied November 27, 1962.

Attorney(s) appearing for the Case

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, John V. Baus, New Orleans, for Crescent Cigarette Service, Inc. and Travelers Insurance Company, defendants-appellants.

Clay, Coleman, Dutrey & Thomson, Jack W. Thomson, Jr., New Orleans, for plaintiff-appellee.

Lemle & Kelleher, H. Martin Hunley, Jr., New Orleans, for Dufau Petroleum Co., Inc. and New Amsterdam Casualty Company, defendants-appellees.

Before YARRUT, MARTINEZ, and RICHARDSON, JJ.

YARRUT, Judge.

This is a suit by the mother, individually in her own behalf, and as duly qualified tutrix of her 9-year old minor daughter, to recover damages resulting when an automatic vending machine toppled and injured her daughter when the child was patronizing the machine.

The District Court rendered judgment in favor of Plaintiff, as tutrix for the benefit of her minor daughter, in the sum of $5000.00, with interest, and in favor of Plaintiff, individually...

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