Gallaher v. Crescent City Rail Road
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Lazarus, J. 1.The only right of action these plaintiffs have is based on the injuries sustained by the child, and which it could have sued for, if it had not been killed. They have no right of action on their own account for the death of the child. 6 Ann. 495 ; 11 Ann, 5; 17 Ann. 244; 27 Ann. 716; 32 Ann. 617; 33 Ann. 643; 34 Aun. 914; 35 Ann. 708; 95 XT.
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APPEAL from the Civil District Court for the Parish of Orleans. Lazarus, J. 1.The only right of action these plaintiffs have is based on the injuries sustained by the child, and which it could have sued for, if it had not been killed. They have no right of action on their own account for the death of the child. 6 Ann. 495 ; 11 Ann, 5; 17 Ann. 244; 27 Ann. 716; 32 Ann. 617; 33 Ann. 643; 34 Aun. 914; 35 Ann. 708; 95 XT. S. 756. 2.Where death of the child is instantaneous, there is no conscious suffering and no right of action to survive. R. C- C. 2315; 9 Cush 108; 125 Mass. 90,93; 6 Caldw,.…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
This is an action in damages for the killing of a child of plaintiffs, about three years old, by one of the cars of the defendant company.
The damages are assesed at $ 20,000; half for the suffering endured, by the child, and half for the loss of its services.
*289Charges of negligence usual in such, cases are made against the • driver, for whose acts the company is sought to be held liable.
The defense admits the killing, but denies responsibility, as the ■driver was guilty of no dereliction of duty. It charges contributory negligence against…
2Cases cited3 opinions
- Boland v. Missouri RailroadSupreme Court of Missouri · 1865
- Hestonville Passenger Railway Co. v. ConnellSupreme Court of Pennsylvania · 1879
- Bulger v. . the Albany RailwayNew York Court of Appeals · 1870
3Cited by6 opinions
- Rice v. Crescent City RailroadSupreme Court of Louisiana · 1899
- Caillier v. New Orleans Ry. & Light Co.Louisiana Court of Appeal · 1921
- Czarniski v. Security Storage & Transfer Co.Michigan Supreme Court · 1918
- Lipscomb v. Standard Highway Co.Louisiana Court of Appeal · 1929
- Hendrix v. Cotton Mills.Supreme Court of North Carolina · 1905
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