Opinion
No. 4420.
June 4, 1957. Rehearing Denied June 28, 1957. Writ of Certiorari Denied October 8, 1957.
Appeal from Seventeenth Judicial District Court, Parish of Lafourche; J. Louis Watkins, Judge.
Taylor, Porter, Brooks, Fuller Phillips, Baton Rouge, for appellant.
Gilbert Bernstein, New Orleans, for plaintiff-appellee.
Adams Reese, New Orleans, Pugh, Lanier Pugh, Thibodaux, for defendant-appellee.
The facts and legal issues are discussed in the companion case, Guidry v. Crowther, La.App., 96 So.2d 71, rendered this date. For the reasons stated therein, the District Court correctly held appellants liable.
Appellants alternatively urge that the damages awarded were excessive.
The District Court awarded $700 for personal injuries, plus $42 of proven medical expenses, for "a complete fracture of the left 7th rib" from which young Oliveira suffered "a month and a half or two months, according to his testimony". He stayed in bed two weeks at home as a result of the painful fracture.
The award is not manifestly excessive. See Rhymes v. Guidry, La.App. 1 Cir., 84 So.2d 634.
The judgment appealed from is affirmed.
Affirmed.
ELLIS, J., dissents.
Rehearing denied; ELLIS, J., dissenting.