Louisiana Court of Appeal, 1953

Mahler v. Hourgettes

Mahler v. Hourgettes
Louisiana Court of Appeal · Decided November 2, 1953 · McBride, Regan
67 So. 2d 745; 1953 La. App. LEXIS 785 (Southern Reporter, Second Series)

Mahler v. Hourgettes

Opinion of the Court

McBRIDE, Judge.

This is a suit by plaintiff for damages resulting from asphyxiation in the premises 514 Second Street, Gretna, Louisiana, on January 18, 1948, the circumstances of which have been fully discussed in the case of Gaida v. Hourgettes, La.App., 67 So.2d 737, decided by us this day.

Mrs. Tierney, a guest of Mr. and Mrs. Orgeron, is clearly entitled to recover damages from the landlord. She was rendered unconscious, suffered headaches, ringing in the ears, and was confined to her home for three days. We believe that an award of $200 is adequate.

Therefore,' the judgment appealed from is reversed, and it is now ordered that the plaintiff herein, Mrs. Aline Mahler, wife of William J. Tierney, have judgment against the defendant, Mrs. Elaine Hour-gettes, wife of D. M. Charles, for the full sum of $200, with legal interest from judicial demand, and for the costs of both courts.

Reversed.

Dissenting Opinion

REGAN, Judge.

I respectfully dissent. See written reasons attached to Gaida v. Hourgettes, La. App., 67 So.2d 737, this day decided.

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