Gebbia v. City of New Orleans
Also decided on this docket: La. Ct. App. 1st Cir., February 23, 1967 196 So. 2d 301; La., May 15, 1870 22 La. Ann. 413
Gebbia v. City of New Orleans, 181 So. 2d 292 (La. Ct. App. 1st Cir. 1965).
Cited by
- Gebbia v. City of New Orleans 187 So. 2d 423 La. 1966
- Gebbia v. City of New Orleans 182 So. 2d 663 La. 1966
- Gebbia v. City of New Orleans 182 So. 2d 662 La. 1966
Authorities cited
Identified automatically; this list may not be exhaustive.
- Anderson v. Simmons 75 So. 2d 34
- Sarrett v. Globe Indemnity Co. 123 So. 191
Opinion text
YARRUT, Judge (dissenting): I dissent from that part of the decree of the majority which reverses the judgment of the district court in favor of the wife for her lost wages, without increasing the award to the husband for a corresponding amount; thus leaving the community completely with a loss of the wife’s wages. It is true that the earnings and wages of a wife, while living with her husband, form part of the community, recoverable by the husband. However, where, as here, the husband joins in a petition and prayer with his wife for the recovery of such wages by the wife, the husband has judicially authorized payment of such wages to the wife and would be denied recovery thereafter under a plea of judicial estoppel and res judicata. Delacroix v. Meux, 28 La.Ann. 515 ; Anderson v. Simmons, La.App., 75 So.2d 34 ; Sarrett v. Globe Indemnity Co., 11 La.App. 190 , 123 So. 191 ; LSA-C.C. art. 1787; LSA-C.C.P. art. 695. In Anderson v. Simmons, supra, this court held that where the husband took the stand in his wife’s action for personal injuries and loss of wages and consented that the judgment for lost wages be rendered in his wife’s favor, he constituted the wife as his agent and since he was bound by the judgment in his wife’s favor, the award for wages to the wife should be affirmed. The judgment of the district court should be affirmed as rendered. Rehearing denied. YARRUT, J., is of the opinion that a limited rehearing should be granted.