BATISTE v. BOH BROS. CONST. CO., INC.

No. 12449.

404 So.2d 1348 (1981)

Irvin B. BATISTE v. BOH BROTHERS CONSTRUCTION COMPANY, INC.

Court of Appeal of Louisiana, Fourth Circuit.

September 30, 1981.


Attorney(s) appearing for the Case

William L. Von Hoene, New Orleans, for plaintiff-appellee.

John W. Waters, Jr., Bienvenu, Foster, Ryan & O'Bannon, New Orleans, for defendant-appellant.

Before REDMANN, SCHOTT and KLEES, JJ.


SCHOTT, Judge.

Defendant has appealed from a judgment awarding plaintiff $687.32 for damages to his automobile by an unattended run-away bulldozer owned by defendant. The only issue is whether the defendant is liable for the damage done by its machine after some boys started it and jumped off leaving it running.

Plaintiff did not see the incident but discovered the bulldozer against his car when he returned home. One witness testified that she saw some young...

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