Opinion
No. 2316.
June 4, 1968. Rehearings Denied June 27, 1968. Writ Refused October 15, 1968.
Appeal from Ninth Judicial District Court, Parish of Rapides; A. M. D'Angelo, Judge.
B. Newton Hargis, DeWitt T. Methvin, Jr., Alexandria, for defendant-appellant.
Provosty, Sadler Scott, by LeDoux R. Provosty, Jr., Alexandria, for plaintiff-appellee.
Before FRUGÉ, HOOD, and LEAR, JJ.
This case was consolidated for trial purposes with the case of Adams et al. v. Brian, 212 So.2d 128 (La.App. 3d Cir., 1968), and for the reasons given therein, the judgment is amended so as to order defendant-appellant to cause the construction of Harry M. Brian's residence to be removed insofar as any of it lies closer than thirty-eight feet from his front property line; and as amended, the judgment is affirmed at defendant-appellant's costs (insofar as it may be subjected to payment thereof under R.S. 13:4521).
Amended and affirmed.
On Application for Rehearing.
En Banc. Rehearing Denied.