TURNER v. POWERS

No. 2635.

198 So.2d 919 (1967)

Joe V. TURNER v. Robert POWERS, Nell Powers and the American Casualty Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 5, 1967.


Attorney(s) appearing for the Case

Richard J. McGinity, Jr., of Bridgeman & McGinity, New Orleans, for plaintiff-appellant.

Porteous & Johnson, John J. Hainkel, Jr., New Orleans, for defendants-appellees, Robert Powers, Nell Powers and Netherlands Ins. Co.

Lemle & Kelleher, Allen R. Fontenot, New Orleans, for defendants-appellees, Robert Powers and Aetna Casualty & Surety Co.

Before McBRIDE, YARRUT and SAMUEL, JJ.


McBRIDE, Judge.

In this tort action plaintiff is endeavoring to recover damages for personal injuries; he appeals from a judgment dismissing his suit.

Plaintiff, a 360 pound, 6' 1½" Negro man, alleges that on November 10, 1962, while lawfully upon the premises of a restaurant operated by two of the defendants (the third defendant is their liability insurer), located at the intersection of Highways 90 and 11 in the City of New Orleans, he sustained a fall...

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