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FRENSLEY v. GRAVITY DRAINAGE DISTRICT NO. 5

No. 1548.

180 So.2d 743 (1965)

Mr. and Mrs. Charles R. FRENSLEY, Plaintiff and Appellant, v. GRAVITY DRAINAGE DISTRICT NO. 5, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 22, 1965.

Attorney(s) appearing for the Case

Jeron J. LaFargue, Sulphur, for plaintiffs-appellants.

Henry L. Yelverton, Lake Charles, for defendant-appellee.

Before TATE, HOOD and CULPEPPER, JJ.

CULPEPPER, Judge.

Plaintiffs' six year old boy drowned in a drainage canal maintained by defendant. The parents sue for damages on the grounds that the canal is an attractive nuisance and/or defendant was guilty of negligence. From an adverse decision of the district judge on the merits, plaintiffs appeal.

There is no substantial issue of fact. The defendant, Gravity Drainage District No. 5 of Calcasieu Parish, was created by popular vote in 1957, and a bond...

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