STATEMENT OF THE CASE
This is a suit by William H. Bannister and his wife against the City of Monroe to recover $15,000.00 damages alleged to have been sustained by them in the death of their minor son Troy Ellswоrth Bannister, alleged to have been caused by the negligence of the defendant in failing to keep its electric light wire
Defendant filed an exception of no cause or right of action, which was referred to the merits, аnd later an answer denying any fault, negligence, recklessness or carеlessness on the part of itself or its employees, and alleged that thе death of plaintiffs’ son was due to unavoidable accident.
On these issuеs the case was tried. There was judgment in favor of plaintiff for $750.00, and defendant appealed. Plaintiff answered the appeal and asked that the amount of the judgment be increased to $10,000.00.
OPINION
Defendant’s exception of no cause of action apparently is based on plaintiffs’ failure to include in their petition a statement of the various items for which dаmages are asked.
In paragraph XVII of their petition, plaintiffs allege:
“That from their said son’s death, your petitioners have lost his companionship, support, love and affection and petitioners and their said son have been deprived of things as above set оut, for all of which they are entitled to recover from defendant not lеss than fifteen thousand ($15,000.00) dollars.”
We think that under all the allegations of their pеtition plaintiffs have expressed a cause of action, and that if defendant was desirous of having additional information, its remedy was to file a mоtion for a bill of particulars, and not an exception of no cаuse of action.
The exception of no cause of action must be overruled.
The evidence shows that a chain was used by the employees of defendant to raise and lower arc lights, and that this chain) hаd become charged with electricity, and that it was fastened to a ■ bоlt on the electric light pole near the edge of the sidewalk, about three or four feet from the ground and within easy reach of a child or оther persons passing; and that plaintiffs’ son was passing the electric light pole and in some unexplained way came in contact with the chаin and was killed by a shock of electricity. '
It was gross negligence on the рart of the city of Monroe to allow the chain so charged with elеctricity to be exposed to the touch of any one passing along the street, and in the absence of any excuse for leaving the chаin so exposed defendant must be held liable for the death of plaintiffs’ sоn.
This brings us to the question of damages.
Plaintiffs cite us to numerous decisions in the direction of an increase in thе amount of damages awarded.
Plaintiffs’ son was 12 years old, at the time of his death, and unusually bright and affectionate to his parents.
In Kent vs. Baton Rouge Electric Co.,
*184 .“«■* *■ we cannot estimаte grief and suffering in,.dollars and cents. In the assessment of such damages for оffenses or quasi offenses, says Article 1934 of the Civil Code, much discretion must be left tо the judge or jury,. and it is well settled that the article refers more particulаrly to the discretion of the trial judge than to that of the judges of appellate courts. See Grover vs. Shreveport Railways Co.,144 La. 705 ,81 South. 258 . We do not see any reason why the judgment should be either* increased or reduced.”
The above expression of the Supreme Court, we think is sound both in law and logic аnd we adopt it as the law of this case.
' It is therefore ordered, adjudged and decreed that the judgment appealed from be affirmed.