French v. Trout Creek Lumber Co.

Supreme Court of Louisiana February 12, 1917

French v. Trout Creek Lumber Co., 141 La. 18 (La. 1917)

74 So. 575

Land, Niell

Opinion of the Court

LAND, J.

[1] Plaintiffs, the father and mother of Mack French, a 16 year old boy, sued the defendant for $5,000 damages alleged to have been sustained by him by reason of a collision between a two mule team, which the said boy was driving, and a train of skeleton cars belonging to the defendant, at a public road crossing.

The defendant has appealed from a judgment for $250 in favor of the plaintiffs; and the plaintiffs have not prayed for an increase of the award.

The record shows that the boy was not seriously injured, and about two weeks after the accident resumed his job of driving a similar livery team.

It being manifest that the boy did not, from any view of his case, receive damage or injury exceeding $2,000 in amount, we consider the demand in the petition to be inflated for the purpose of vesting jurisdiction in the Supreme Court.

It is therefore ordered that this cause be transferred to the Court of Appeal for the parish of La Salle, and that the defendant and appellant pay costs in this court.

070rehearing

On Application for Rehearing.

O’NIELL, J.

[2] Pursuant to the ruling made in the case of Ham v. Louisiana & N. W. R. Co. et al., on application for rehearing, 136 La. 1083, 68 South. 133, the decree rendered in this case is amended so as to condemn the plaintiff, appellee, to pay the cost of the appeal to this court. The application for rehearing is denied.

Reference

Full Case Name: FRENCH v. TROUT CREEK LUMBER CO.
Cited By: 8 cases
Status: Published
Syllabus: (Syllables by Editorial Staff.) 1. Courts Where it was manifest that plaintiffs’ son did not, in any view of the case, sustain injury exceeding $2,000, the Supreme Court on appeal, would consider the demand in the petition for $5,000 damages to be inflated in order to vest jurisdiction in the Supreme Court, and would transfer the cause to the Court of Appeal. [Ed. Note. — For other cases, see Courts, Cent. Dig. § 617.] On Application for Rehearing. 2. Costs Where a cause on appeal was transferred to the Court of Appeal on the ground that the ad damnum was inflated, in order to vest jurisdiction in the Supreme Court, that court would condemn plaintiff, appellee, to pay the costs of appeal. [Ed. Note. — For other cases, see Costs, Cent. Dig. §§ 908-911, 915-919.]