9 Rob. 23 | La. | 1844
The petitioners seek to recover damages of the
The evidence shows that the plaintiffs’ house is badly cracked in its front and side walls, and near its south corner; that the cracks have been opening gradually for some years past,- and that it will be necessary to take the building down, and put it up anew, as there is danger of its falling to the ground. Article 2733 of the Civil Code, under which this action is brought, provides that, “ If a building which an architect, or other workman has undertaken to make by the job, should fall to ruin, either in whole or in part, on account of the badness of the workmanship, the architect or undertaker shall bear the loss, if the building falls to ruin in the course of ten years,” &c. Under this provision of law, it devolved on the plaintiffs to show that the badness of the workmanship was the cause of the cracks in the walls: this they have failed to do. A great number of witnesses have been examined, and all agree that the work was well done, and executed in a workmanlike manner, and that the cement and other materials were of the best quality. In relation to the foundation, one of the witnesses, a bricklayer, thought that it was not as wide as he would have made it, though it appeared to him sufficient to sustain the house, while the others say they would not have made a broader foundation for such a house. The witnesses speak of many
Judgment affirmed,