SMITH v. TRAVELERS INSURANCE COMPANY

No. 5548.

287 So.2d 576 (1973)

Andrew SMITH et al. v. The TRAVELERS INSURANCE COMPANY et al.

Court of Appeal of Louisiana, Fourth Circuit.

December 28, 1973.


Attorney(s) appearing for the Case

Jerald N. Andry and Gilbert V. Andry, III, New Orleans, for plaintiffs-appellants.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, James R. Murrell, III, New Orleans, for defendants-appellees.

Before REDMANN, LEMMON and STOULIG, JJ.


LEMMON, Judge.

Mrs. Andrew Smith was injured when she fell on the stairway in the St. Claude General Hospital. She and her husband have now appealed from a judgment which dismissed their tort suit after a trial on the merits. The issue on appeal is whether the Smiths bore their burden of proving that a defect in the stairway caused her fall.

The stairway, located between the first and second floors, was enclosed between two walls, with a handrail on the right...

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