Supreme Court of Louisiana, 1958

King v. Mason

Supreme Court of Louisiana · Decided January 6, 1958 · No. 43578 · Simon

99 So. 2d 117; 234 La. 299; 1958 La. LEXIS 1099 (Southern Reporter, Second Series)

Cases that cite this one

17 later published cases cite this decision.

Nielson v. Travelers Indemnity Company (District Court, N.D. Iowa 1959)
Neumann v. Wisconsin Natural Gas Co. (Wis. 1965)
John P. McNally and Tom McNally D/B/A McNally Elevator Service Company, Plaintiff's-Appellees v. American States Insurance Company (6th Cir. 1962)
Insurance Co. of North America v. Electronic Purification Co. (Cal. 1967)
First Church of Christ Scientist v. City of Seattle (Wash. Ct. App. 1998)
Oceanonics, Inc. v. Petroleum Distributing Company (La. Ct. App. 1973)
Sylvest v. Employers Liability Assurance Corp. (La. Ct. App. 1971)
Kansas City Insulation Company v. American Mutual Liability Insurance Company (8th Cir. 1969)
JM Brown Const. Co. v. D & M Mechanical Contr., Inc. (La. Ct. App. 1969)
LaBove v. American Employers Insurance Company (La. Ct. App. 1966)
Tillery v. Pelican Ice & Cold Storage, Inc. (La. Ct. App. 1966)
A. C. Green, Jr., and H. H. Parker, Individually and as Partners, G & G Machine Works v. Aetna Insurance Company (5th Cir. 1965)
Taylor Con. & Sup. Co. v. American Mut. Liabil. Ins. Co. (La. Ct. App. 1964)
De Shazo v. Cantrelle (La. Ct. App. 1964)
Miller v. Riley (La. Ct. App. 1963)
Hospital Service District No. 1 of the Parish of Plaquemines v. Delta Gas, Inc. (La. Ct. App. 1962)
Kendrick v. Mason (La. 1958)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

SIMON, Justice.

On application of the United States Fidelity & Guaranty Company we granted writs in this case addressed to the Court of Appeal, Second Circuit, and ordered same consolidated for hearing with Kendrick v. Mason, 234 La. 271, 99 So.2d 108.

Harvey A. King instituted this suit for damages for personal injuries sustained by him as the result of the negligent acts and tort committed by C. N. Mason and his employees in their performance of the contract with the Town of Jena as more fully detailed in the said Kendrick suit. Judgment was rendered in favor of King and against C. N. Mason and his insurer, in solido, by the district court, which, on appeal to the Court of Appeal, Second Circuit, was amended so as to increase the award for personal damages in favor of the said plaintiff, and as amended the judgment of the district court was affirmed.

The issues herein presented are identical with those considered by us in Kendrick v. Mason, 234 La. 271, 99 So.2d 108, both cases having grown out of the same tort and consolidated here for purposes of hearing before us.

*301 Relative to the-issue of the quantum of damages for personal injuries awarded by the Court of Appeal, Second Circuit, in favor of plaintiff, we observe that no error is assigned thereto by the defendants herein. However, we have examined the evidence relative to the personal injuries sustained by plaintiff and find no manifest error in the adequacy of the award made therefor.

Accordingly, for the reasons assigned in Kendrick v. Mason, supra, the judgment of the Court of Appeal, Second Circuit, is affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.