This section contains the nature of the case and procedural background.

Levy had five illegitimate children. She worked as a domestic servant taking care of them taking them to church and enrolling them in parochial school. Levy died, and the five children sued to recovered damages for her wrongful death and her pain and suffering. The trial court dismissed the action as under Louisiana law child meant legitimate child. The court denied the action to Levy's children based on morals and general welfare because it was the state's contention to discourage bringing children into the world out of wedlock. P's appealed.

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