Opinion
No. 50962.
November 25, 1970.
IN RE: HOWARD HERBERT APPLYING FOR CERTIORARI, OR WRIT OF REVIEW, TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS.
Writ refused. On the facts found by the Court of Appeal the result is correct.
SUMMERS, Justice, is of the opinion the reduction of quantum is contrary to the rule of Gaspard v. LeMaire, 245 La. 239, 158 So.2d 149 (1963) and the cases which have applied that rule. Although paying lip service to that rule of law, the Court of Appeal has violated its spirit.