MOORE v. KINNEY

No. 5017.

315 So.2d 340 (1975)

Lionel MOORE, Sr., et ux., Plaintiffs-Appellees, v. Henry KINNEY, Sr., et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied July 24, 1975.


Attorney(s) appearing for the Case

Stockwell, St. Dizier, Sievert & Viccellio by Robert W. Clements, Lake Charles, for defendants-appellants.

Planchard, Thompson & James by Glen A. James, Sulphur, for plaintiffs-appellees.

Before CULPEPPER, MILLER and DOMENGEAUX, JJ.


MILLER, Judge.

Defendant Henry Kinney, Sr. and his liability insurer Fidelity & Casualty Company of New York appeal the jury verdict awarding $53,000 to plaintiff Lionel Moore, Sr. as administrator of the estate of his deceased son. The twelve year old boy smothered to death in Kinney's grain drier. The jury determined that Kinney's negligence was a proximate cause of the accident. We reverse on other grounds.

Kinney is a farmer and cattleman who owns...

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