Dave v. Morgan's Louisiana & Texas Railroad & Steamship Co.
Supreme Court of Louisiana
APPEAL from the Eighteenth District Court, Parish of Lafourche. Caillouet, J. Where a railroad carries'a passenger beyond his point of destination, not stopping at that point, but stopping beyond, a mile or more, and then ejects him from the train, in the night, in the rain and in an uninhabited place, this is sucli a trespass or wrongful act as gives jurisdiction to the court of the parish where the act is committed.
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APPEAL from the Eighteenth District Court, Parish of Lafourche. Caillouet, J. Where a railroad carries'a passenger beyond his point of destination, not stopping at that point, but stopping beyond, a mile or more, and then ejects him from the train, in the night, in the rain and in an uninhabited place, this is sucli a trespass or wrongful act as gives jurisdiction to the court of the parish where the act is committed. C. P., Art. 165, Sec. 9; 33 An. 955. Ejection from a train by the railroad officials at a point different from that of destination is an act of commission and gives rise to…
1Opinion of the Court
The opinion of the court was delivered by
Breaux, J.
This is an action sounding in damages. For the purpose of the trial of the exception interposed to the jurisdiction of the court the following is taken as true:
That on November 26, 1893, the plaintiff bought a railroad ticket from the defendant company, entitling him to a first-class passage from Lafourche Crossing to Rousseau station on the road. That arriving at the station in the dark he could not distinguish it as his stopping place.
*275That the train passed the station and went beyond, about one mile, before stopping, not having stopped at…
2Cited by5 opinions
- Tripani v. MerauxSupreme Court of Louisiana · 1936
- Morgan's Louisiana & T. R. & S. S Co. v. StewartSupreme Court of Louisiana · 1907
- Illinois Cent. R. v. New Orleans Terminal Co.Supreme Court of Louisiana · 1918
- Barton v. Cumberland Telephone & Telegraph Co.Supreme Court of Louisiana · 1906
- Tripani v. MerauxLouisiana Court of Appeal · 1935