BOURGEOIS v. FAIRGROUND CORP.

No. CA-3533.

480 So.2d 408 (1985)

Lynn BOURGEOIS v. FAIRGROUND CORPORATION and American Totalisator.

Court of Appeal of Louisiana, Fourth Circuit.

December 11, 1985.


Attorney(s) appearing for the Case

John A.E. Davidson, Gilbert F. Ganucheau, Jr., Metairie, for plaintiff-appellee.

H. Sloan McCloskey, Robert E. Tarcza, Baldwin & Haspel, Louis J. Roussel, III, New Orleans, for defendants-appellants.

Before BARRY, BYRNES and CIACCIO, JJ.


BARRY, Judge.

Lynn Bourgeois appeals a summary judgment which denied his right to collect a racehorse bet due to a faulty tote machine. No other case has presented this question.

Bourgeois attempted to buy a $20 exacta ticket and the tote machine jammed. The clerk told him to go to another window, but the race started before he could place a bet. The numbers he selected finished in the proper order and paid $13,840.80. Bourgeois sued the Fair Grounds and American...

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