SANDERS v. ARGUS

No. 5008.

267 So.2d 736 (1972)

Shirley W. SANDERS, Individually and as the confirmed Tutrix of/and for the use and benefit of her minor daughter Judy Claire, v. Thomas E. ARGUS.

Court of Appeal of Louisiana, Fourth Circuit.

October 17, 1972.


Attorney(s) appearing for the Case

Frank S. Bruno, New Orleans, for plaintiff-appellant.

Carl J. Selenberg, New Orleans, for defendant-appellee.

Before CHASEZ, REDMANN, and BAILES, JJ.


REDMANN, Judge.

Plaintiff appeals from the dismissal of her claim for damages to herself and her minor daughter Judy alleged to have resulted from defendant's 10-year-old daughter Kay's shoe tap having cut Judy's ankle.

The evidence that Kay's tap did the cutting is first that Kay was next to Judy in informal line after lunch jumping up and down, when Judy's injury occurred; and second that the tap was worn sharp and loose, projecting from the heel of the...

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