HOLMES v. CAESER

Nos. CA-9233, CA-9234.

528 So.2d 1391 (1988)

Allie Mae HOLMES v. Larry CAESER, et al. Alfred DICKERSON, et al. v. Ernest HOUSTON, et al.

Court of Appeal of Louisiana, Fourth Circuit.

July 12, 1988.


Attorney(s) appearing for the Case

Robert T. Hughes, New Orleans, for plaintiff-appellee.

James Maher, III, Legal Affairs, New Orleans Public Service, Inc., New Orleans, for defendant-appellant.

Before SCHOTT, BARRY and KLEES, JJ.


SCHOTT, Judge.

The issue in this case is whether a plaintiff claiming to have been injured in an accident while he was a passenger on a streetcar carried his burden of proof when he did not appear for the trial and the only evidence that he was on the streetcar is in a statement in the history section of a medical record from a hospital where he was treated the day after the accident.

On January 9, 1980 at about 8:00 a.m. there was a collision between an automobile...

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