43 So. 2d 58 | La. Ct. App. | 1949
Both plaintiff and defendants have applied for a rehearing.
In his application for rehearing, Horace Patin, tutor, complains of our ruling that the minor Raymond Patin was only partially dependent on the decedent Joe Johnson. We have carefully reconsidered the case and have carefully reconsidered the briefs, both the original briefs and applicant's brief, on the application. We do not find any error committed by us. The application for rehearing on behalf of Horace Patin, tutor, is refused.
In their application for rehearing, the defendants, T. L. James Co., Inc., and its insurer, the National Surety Corporation, contend that we erred (1) in holding that the claim of the mother of decedent, Sophie Braud Johnson, did not foreclose the claim of the minor, Raymond Patin, and (2) in holding that Raymond Patin was a member of decedent's, Joe Johnson's, family.
The complaint of applicants relative to the first assignment of error seems to be levelled at our reversing our former ruling in Lunkin v. Triangle Farms,
The applicants also complain about our statement relative to the Williams v. Jahncke Service, Inc., La. App.,
With regard to the second assignment of error, we do not find any merit. We feel that our holding is correct for the reasons stated in the opinion.
The application of defendants is refused. Both applications for rehearing are refused.