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CAPERS v. ORLEANS PARISH SCHOOL BD.

No. 9527.

365 So.2d 23 (1978)

Joe B. CAPERS, Individually and as the Administrator of the Estate of his minor child, and Eric T. Capers v. The ORLEANS PARISH SCHOOL BOARD, Through its President, and the Travelers Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

November 8, 1978.

Attorney(s) appearing for the Case

Carl J. Selenberg, New Orleans, for plaintiffs-appellants.

Polack, Rosenberg, Rittenberg & Endom, Lawrence W. Koltun, New Orleans, for defendants-appellees.

Before LEMMON, STOULIG and SCHOTT, JJ.

LEMMON, Judge.

This is a suit to recover damages sustained by a six-year old public school student who during the noon recess climbed upon and fell from a commercial-sized garbage container located against the rear fence of the school yard and away from, but accessible to, the main play area. The trial court dismissed the suit after a trial on the merits, and plaintiff (the child's father) appealed.

Plaintiff contends...

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