Legal Opinion

Edrington v. Louisville, New Orleans & Texas Railway Co.

Supreme Court of Louisiana

Decided February 15, 1889No. 10,290PublishedCited by 2 opinions

APPEAL from the Twenty-sixth District Court, Parish of St. John the Baptist. Rost, J. ICvery act whatever of mini that causes damages to another obliges him by whose fault it. happens to repair it. Civil Code of Louisiana. Article 2335. livery person is responsible for the damage he occasions, not merely by bis act, but his negligence. bis imprudence, or his want of skill.

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APPEAL from the Twenty-sixth District Court, Parish of St. John the Baptist. Rost, J. ICvery act whatever of mini that causes damages to another obliges him by whose fault it. happens to repair it. Civil Code of Louisiana. Article 2335. livery person is responsible for the damage he occasions, not merely by bis act, but his negligence. bis imprudence, or his want of skill. C. O. Article 231(5. Masters and employers are answerable for tbe damage occasioned by their servauts and overseers in the exercise of their functions in which they are employed. ('. C. .Article 2320. Fire being necessary…

1Opinion of the Court

The opinion of the Court was delivered by

Bermudez, C. J.

This is an action to recover from the defendant the value of a barn and contents destroyed by fire, alleged to have been occasioned by sparks ■ emitted from the smoke stack of one of the company’s locomotives, on the evening of December 11th, 1887.

The charge is that, the injury is attributable to the fault and nogligenre of the defendant, in failing to use such scientific improvements as would have prevented the emission of sparks and consequent destrucstruction of property by ignition.

Practically, the answer is the general issue and a…

2Cited by2 opinions

  1. Scottish Union & National Ins. v. Baist Lumber & Shingle Co.Louisiana Court of Appeal · 1931
  2. Palmetto Moss Factory v. Texas & P. Ry. Co.Supreme Court of Louisiana · 1916

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