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ESCHMANN v. MOYER

No. 2875.

208 So.2d 405 (1968)

Henry J. ESCHMANN and Louise M. BURDINE, wife of Henry Eschmann v. R. Kirk MOYER, R. Kirk Moyer Agency, Inc., General Fire and Casualty Company, Louisiana Underwriters of American Indemnity of Galveston, Texas, Mrs. Elma C. Scheffler, Administratrix of the Estate of Mrs. Peter A. Chopin and ABC Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 8, 1968.

Writ Granted June 4, 1968.

Attorney(s) appearing for the Case

Morgan, Von Hoene & Becker, William L. Von Hoene, New Orleans, for plaintiffappellee.

Drury, Lozes, Young & Curry, James H. Drury, New Orleans, for defendants-appellants.

Porteous & Johnson, C. Gordon Johnson, Jr., New Orleans, for General Fire & Casualty Co., defendant-appellee.

Before CHASEZ, HALL and JANVIER, JJ.

HALL, Judge.

This is a suit for damages filed by Henry J. Eschmann and his wife, Mrs. Louise M. Burdine Eschmann, to recover damages occasioned by Mrs. Eschmann's fall down a flight of stairs. Mr. Eschmann died during the pendency of these proceedings and Mrs. Eschmann was substituted as sole party plaintiff.

At the time of the accident which occurred on October 19, 1964 Mrs. Eschmann was employed as a dictaphone-typist by the

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