Barnes v. Shreveport City Railroad
Supreme Court of Louisiana
A PPEAL from the First Judicial District Court for the Parish of Caddo. Land, J. A child under three years of age can not be guilty of contributory negligence. 42 An. 831; 43 An. 68; Harris, Damages by Corporations, Yol. 1, p. 544. Nor can the negligence of the parent be imputed to the child in a suit by the child. Id. Parents are not obliged to restrain their children within doors at their peril. Id.
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A PPEAL from the First Judicial District Court for the Parish of Caddo. Land, J. A child under three years of age can not be guilty of contributory negligence. 42 An. 831; 43 An. 68; Harris, Damages by Corporations, Yol. 1, p. 544. Nor can the negligence of the parent be imputed to the child in a suit by the child. Id. Parents are not obliged to restrain their children within doors at their peril. Id. A person traveling on or crossing a street’railway track is not a trespasser. Thompson on Negligence, Vol. 1, p. 396. The failure of the defendant railroad company to introduce the testimony of…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
This suit is for the recovery of ten thousand dollars damages against the defendant for injuries* sustained by the plaintiff’s infant child of three years of age, it being run over by one of defendants’ street cars, which was operated by electricity, and its *1220arm so broken and crushed that it had to be amputated, leaving it in a permanently crippled condition.
The statement of the petition is that the accident occurred at the intersection of Texas and Crocket streets, in the city of Shreveport, defendants’ car being at the time operated on…
2Cited by17 opinions
- Johnson v. ButterworthSupreme Court of Louisiana · 1934
- Breen v. WaltersSupreme Court of Louisiana · 1922
- Ruehl v. Lidgerwood Rural Telephone Co.North Dakota Supreme Court · 1912
- Rice v. Crescent City RailroadSupreme Court of Louisiana · 1899
- Campbell v. . LaundrySupreme Court of North Carolina · 1925
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