Schulte v. New Orleans City & Lake Railroad
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. King, J. 1. Di-vers of street cars in cities should be more than ordinarily careful at street crossings. 2. When a lady places herself in a position of danger, and is subsequently through the negligence of the driver, run over by a car at a street crossing, the defendant company can not rely upon the negligence of plaintiff as a protection, to exonerate it from all damages resulting from the injury.
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APPEAL from the Civil District Court for the Parish of Orleans. King, J. 1. Di-vers of street cars in cities should be more than ordinarily careful at street crossings. 2. When a lady places herself in a position of danger, and is subsequently through the negligence of the driver, run over by a car at a street crossing, the defendant company can not rely upon the negligence of plaintiff as a protection, to exonerate it from all damages resulting from the injury. Weeks Case, 42 An. 615; 23 An. 182; Cooley on Torts, pp. 810, 811, citing 50 Mo. 161; 18 Ga. 670; ■52 N. II. 528; Ilia. Ill; 3 Ohio…
1Opinion of the Court
The opinion of the court was delivered by
Bermudez, C. J.
This is a suit in damages for $15,000. The substantial allegation is that on the morning of August 26, 1889, at about 10 o’clock, petitioner’s wife, while] in the act "of crossing Royal street, at its intersection with Bartholomew street, in the third district of this city, was suddenly and violently knocked down and injured by a car of said company, which passed over her, injuring her ankle, through the gross carelessness, neglect, fault and management of the driver thereof, in the employ of the company. The petition proceeds to…
2Cited by4 opinions
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