VIAU v. BATISTE

No. 7446.

332 So.2d 512 (1976)

Mrs. Bessie Vial, widow of Louis J. VIAU, Sr., et al. v. Clinton BATISTE et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 9, 1976.

Writ Refused September 24, 1976.


Attorney(s) appearing for the Case

Thomas L. Giraud, Salvador M. Cusimano, Charles A. Verderame, New Orleans, for plaintiffs-appellants.

Porteous, Toledano, Hainkel & Johnson, John J. Hainkel, Jr. and E. Ross Buckley, Jr., New Orleans, for defendants-appellees.

Before LEMMON, SCHOTT and MORIAL, JJ.


SCHOTT, Judge.

This appeal is from a judgment sustaining exceptions of no right or cause of action and dismissing the wrongful death action brought by two grandchildren of the decedent.

Appellants' argument that the word "children" in LSA-C.C. Art. 2315 includes grandchildren by virtue of definition No. 8 in C.C. Art. 3556 was specifically rejected in Hunt v. New Orleans Ry. & Light Co., 140 La. 524, 73 So. 667 (1916) and Walker v. Vicksburg...

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