Opinion
No. 18350.
April 15, 1946. Rehearing Denied May 27, 1946. Writ of Certiorari Denied July 3, 1946.
Appeal from Civil District Court, Parish of Orleans; Frank Stich, Judge.
Suit by Miss Angeline Margavio against Joseph Capone, doing business under the name of Capone Bus Line, and another for injuries sustained by the plaintiff while a passenger in a bus which collided with a street car, wherein the Charity Hospital intervened. From a judgment in favor of the plaintiff, as against the named defendant, the named defendant appeals.
judgment affirmed.
Harry T. Wilkins, of New Orleans, for plaintiff-appellee.
Porteous, Johnson Humphrey, of New Orleans, for defendant-appellant Joseph Capone.
Alvin R. Christovich and Wm. W. Ogden, both of New Orleans, for defendant-appellee New Orleans Public Service, Inc.
L.V. Landry, of New Orleans, for Board of Administrators of Charity Hospital.
This suit results from the same accident considered by us in Blanchard v. New Orleans Public Service, Inc., La. App., 25 So.2d 741. These cases were consolidated below for the purpose of trial and, in this Court, for the purpose of argument. The plaintiff, Miss Margavio, was a passenger in the bus which collided with the street car, as was Miss Blanchard, the plaintiff in the other case.
For the reasons assigned in the Blanchard case, we find the bus driver to be solely responsible for the injuries suffered by plaintiff. There is a stipulation in the record to the effect that should the Court determine that Miss Margavio was entitled to a judgment the amount of damages due her should be $400. It is also stipulated that there should be a judgment in favor of the Board of Administrators of the Charity Hospital, in the sum of $9.50. There was judgment below in accordance with these stipulations, consequently, and
For the reasons assigned in Blanchard v. New Orleans Public Service, Inc., La. App., 25 So.2d 741, the judgment appealed from is affirmed.
Affirmed.