KIRSCH v. KAPPA ALPHA ORDER

No. 7071.

373 So.2d 775 (1979)

Charles E. KIRSCH, Sr., Plaintiff-Appellant, v. KAPPA ALPHA ORDER et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied August 15, 1979.


Attorney(s) appearing for the Case

Gahagan & Gahagan, Marvin F. Gahagan, Natchitoches, for plaintiff-appellant.

Whitaker & Doggett, Monty L. Doggett, Natchitoches, for defendants-appellees.

Before DOMENGEAUX, GUIDRY and STOKER, JJ.


GUIDRY, Judge.

In this suit plaintiff seeks to recover damages to his residential lot for "loss of shade". The damages sued for were allegedly sustained in the late evening of March 27, 1977, when a large tree located on the property of defendants (directly across Second street from plaintiff's property) fell across Second street and onto plaintiff's lot damaging two live oak trees located thereon. The trial court dismissed plaintiff's suit and he has appealed.

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