Black v. Carrollton Railroad
Supreme Court of Louisiana
HIS case was tried by a jury, before the First District Court of New Or-JL leans, Larue, J. Butterfield v. Forrester, 11 East, 60. The plaintiff was riding along a road, at a furious rate, and fell against an obstruction, negligently left upon the road by the defendant. Lord Ellenborough said: “ Two things must concur to support this action. An obstruction in the road by the fault of defendant, and no want of ordinary care to avoid it on the part of plaintiff.”
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HIS case was tried by a jury, before the First District Court of New Or-JL leans, Larue, J. Butterfield v. Forrester, 11 East, 60. The plaintiff was riding along a road, at a furious rate, and fell against an obstruction, negligently left upon the road by the defendant. Lord Ellenborough said: “ Two things must concur to support this action. An obstruction in the road by the fault of defendant, and no want of ordinary care to avoid it on the part of plaintiff.” And in Bridge v. Grand Junction Bailway Company, the point was presented as a question of practice, and Lord Abinger said: The…
1Opinion of the Court
Buchanan, J.*
The plaintiff’s son, a lad of fourteen, a passenger'i'n th'e defendant’s train, on its regular trip from Carrollton to New Orleans, had both legs broken by the upsetting of a railroad car. The accident was caused by the switch being out of place. The switch tender was not at his post, or the accident would not have happened. H'e was' a servant- of the defendants, and they are liable for the consequences of his negligence.
This action is for damages resulting from this railroad accident, to the father of the wounded boy; and the legal question is presented for'ohr consideration,…
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- Roger Gaston v. Flowers Transportation, (Cro-Marine Division, a Division of Chromalloy American Corporation)Court of Appeals for the Fifth Circuit · 1989
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