# Moore v. Board of Commissioners

> Supreme Court of Louisiana · January 15, 1973 · 273 So. 2d 30

URL: https://www.frixlaw.com/law-library/cases/7453669

## Case

- **Full name:** Jessie MOORE v. BOARD OF COMMISSIONERS OF the PORT OF NEW ORLEANS Charles Edward CLARK v. BOARD OF COMMISSIONERS OF the PORT OF NEW ORLEANS
- **Court:** Supreme Court of Louisiana
- **Decided:** January 15, 1973
- **Citations:** 273 So. 2d 30; 1973 La. LEXIS 5472
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Dixon
- **Judges:** Dixon, McCaleb, Summers
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7453669

## Opinion text

DIXON, Justice.
These cases were consolidated for argument because they involved the identical issue.
In Moore v. Board of Commissioners of the Port of New Orleans, 256 So.2d 138 , the Court of Appeal affirmed the dismissal of a damage suit against the Board, the plaintiff alleging that he had been injured when his leg went through a hole in a rotted wharf owned by the Board.
In Clark v. Board of Commissioners of the Port of New Orleans, 258 So.2d 412 , the Court of Appeal affirmed the dismissal of a damage suit against the Board brought after plaintiff was injured when the forklift he was operating fell through some rotted timbers on the Board’s wharf.
In each case the Board filed exceptions which were sustained for the reason that the Board is an agency of the State, and protected by the State’s sovereign immunity from suit in tort.
For the reasons assigned in Board of Commissioners of Port of New Orleans v. Splendour Shipping & Enterprises Company, Inc. et al., La., 273 So.2d 19 , this day decided, both cases are reversed and remanded for further proceedings.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7453669. Public record. Not legal advice.
