Legal Opinion

Peyton v. Texas & Pacific Railway Co.

Supreme Court of Louisiana

Decided October 15, 1889No. 265PublishedCited by 10 opinions

APPEAL from the First District Court, Parish of Caddo. moles, J. 1. The law lias so great a regard for human life that it will not impute negligence to an effort to preserve it, if the effort'is made with a reasonable regal’d for the rescuer's own safety. Eckert vs. Dong’ Island R. Co.. 3 Am. 721; Donahue vs. Wabash and St. L. Pac.

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APPEAL from the First District Court, Parish of Caddo. moles, J. 1. The law lias so great a regard for human life that it will not impute negligence to an effort to preserve it, if the effort'is made with a reasonable regal’d for the rescuer's own safety. Eckert vs. Dong’ Island R. Co.. 3 Am. 721; Donahue vs. Wabash and St. L. Pac. R. Oí)., 53 Ann. 594; Beach on Contributory Nogligonce, p. 45, sec. 35; Thompson on Negligence, vol. 2, p. 1174, Sec. 21; Pierce on Railroads, p. 328 ; Rorer on Railroads, p. 3Ü29. 2. Where negligence on the part of defendant is shown, the negligence of the person…

1Opinion of the Court

The opinion of the court was delivered by

Poché, J.

Plaintiff claims damages in the sum of $40,000 for personal injuries inflicted on him by one of the defendant’s trains, through the alleged carelessness and fault of the railroad employes.

The defense is a general denial, coupled with the plea of contributory negligence.

Defendant appeals from a verdict and judgment- in the sum of $25,000.

The evidence is conflicting on all the pertinent and material facts involved in the controversy.

After a thorough study of the record we find, from the preponderance of the testimony, the following substantial…

2Cited by10 opinions

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  2. Dixon v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1910
  3. Bond v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1918
  4. Harding v. Ostrander Railway & Timber Co.Washington Supreme Court · 1911
  5. Whitworth v. Shreveport Belt Ry. Co.Supreme Court of Louisiana · 1904

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