Opinion
No. 31541.
February 1, 1932. Rehearing Denied February 29, 1932.
Error to Court of Appeal, Second Circuit.
Action by William D. Byrd and wife individually, and as parents and legal representatives of the minor, Mary Francis Byrd, against Claude L. Gallman. To review a judgment of the Court of Appeal (135 So. 692) which, conforming to answer to questions propounded to Supreme Court ( 173 La. 158, 136 So. 302), reversed a judgment of the district court for the plaintiffs, and plaintiffs bring error.
Judgment of Court of Appeal annulled, and judgment of district court reinstated and affirmed.
George Wesley Smith, of Rayville, and Stirling Parkerson, of New Orleans, for plaintiffs in error.
Theus, Grisham, Davis Leigh, of Monroe, for defendant in error.
This is one of the cases referred to in the opinion handed down today in Pipes v. Gallman (No. 31539) 140 So. 40, the issues being the same as in Pipes v. Gallman (No. 31540) 174 La. 265, 140 So. 43.
The amount of the judgment rendered by the district court appears to be correct and is not especially contested. The young lady for whose use and benefit the court gave judgment for $2,000 was badly scarred about the face and head, and her beauty was to some extent blemished. The amount allowed for medical and surgical bills is in accord with the evidence.
The judgment of the Court of Appeal is annulled, and the judgment rendered by the district court is reinstated and affirmed, at the cost of the defendant.