Walker v. Vicksburg, Shreveport & Pacific Railroad
Supreme Court of Louisiana
APPEAL from tlie Second District Court, Parish of Webster. Drew, J. An action for damages for injuries suffered by a passenger on a railroad is one ex-contractu. K. I). p. 1057, No. 14; 5 La. 431, quoted by 40 Ann., p. 91. An injury must be repaired by Mm whose fault caused it. R. C. Code 2315; 17 Ann. 19, giving j $25,000 tor similar injuries; 23 Ann. 180, giving $15,000 damages; 34Ann. 139, allowing $7,500 for a broken arm; 38 Ann. 777, allowing $10,000 for loss of an arm.
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APPEAL from tlie Second District Court, Parish of Webster. Drew, J. An action for damages for injuries suffered by a passenger on a railroad is one ex-contractu. K. I). p. 1057, No. 14; 5 La. 431, quoted by 40 Ann., p. 91. An injury must be repaired by Mm whose fault caused it. R. C. Code 2315; 17 Ann. 19, giving j $25,000 tor similar injuries; 23 Ann. 180, giving $15,000 damages; 34Ann. 139, allowing $7,500 for a broken arm; 38 Ann. 777, allowing $10,000 for loss of an arm. It is negligence in a railroad company not to stop its train at a station long enough for a passenger to alight. 37…
1Dissent
Dissenting Opinion.
Watkins, J.
Plaintiff sued the railroad company for $10,000 damages for injuries he received in alighting from one of its trains while in motion, on which he was a passenger, it having passed the station to which he was ticketed, without making a, fall stop, only slowing up to permit an exchange of mails.
There was a verdict of a jury in his favor, which this court has set aside, and the substance of the majority opinion is: That the act of the xflaintiff was voluntary, and without invitation, on the part of the officers and agents of the railroad comxiany, and — while the…
2Cases cited16 opinions
- Transportation Line v. HopeSupreme Court of the United States · 1877
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Price v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Loyd v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1873
- Memphis & Charleston Railroad v. CopelandSupreme Court of Alabama · 1878
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