SIMON v. DELANEY

No. 5322.

281 So.2d 168 (1973)

Mrs. Alcides SIMON, Wife of Jessie Roswell CROSS v. August A. DELANEY et al.

Court of Appeal of Louisiana, Fourth Circuit.

Dissenting Opinion July 31, 1973.

Rehearing Denied August 21, 1973.


Attorney(s) appearing for the Case

Freddie B. Warren, Jr., New Orleans, for plaintiff-appellee.

James L. Selman, II (Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans), for defendants-appellants.

Before REDMANN, LEMMON and GULOTTA, JJ.


REDMANN, Judge.

Defendants appeal an award of $7,344.75 for the death of plaintiff's four-year-old child.

In this heartbreaking tragedy only three eyewitnesses testified, namely the driver and two residents of the accident area. The testimony of all three is that the child ran from behind a parked car. The two residents said he was frightened by a barking dog restrained only by a chain.

The street was 26' wide and had cars parked on both sides (except...

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