Weeks v. New-Orleans & Carrollton R. R.
Supreme Court of Louisiana
i PPEAL from the Superior District Court, parish of Orleans, Lynch . A j. Although plaintiffs misconduct may have contributed remotely to the’ injury, if the defendant’s misconduct was the immediate cause of it,, and with the exercise of prudence he might have prevented it, lie is not excused.
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i PPEAL from the Superior District Court, parish of Orleans, Lynch . A j. Although plaintiffs misconduct may have contributed remotely to the’ injury, if the defendant’s misconduct was the immediate cause of it,, and with the exercise of prudence he might have prevented it, lie is not excused. Redfield on Railways, vol. 2. see. 177 ; 10 An. 33; 17' An. 19 ; 23 An. 182. The doctrine of contributory negligence does not apply to this ease. * Defendants have acknowledged their liability by paying the doctors” bills, and are estopped from denying it. • The verdict of the jury, not being excessive,…
1Opinion of the Court
"The opinion of the Court was delivered by
Levy, J.
The plaintiff sued the defendant to recover damages- to ‘the amount of fifty thousand dollars, on account of injuries alleged to have been received by her husband, in being run over by the car belonging to the railroad company (defendant), which injuries, she alleges, resulted in the death of said husband. The case was tried by a jury, and ■there was a verdict and judgment in favor of the plaintiff for five thou•sand five hundred dollars, with legal interest from judicial demand and lor costs of suit, from which judgment this appeal is taken.
Th…
2Cited by4 opinions
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- Fils v. Iberia, St. M. & E. R.Supreme Court of Louisiana · 1919
- Díaz v. ArroyoSupreme Court of Puerto Rico · 1936
- Díaz v. ArroyoSupreme Court of Puerto Rico · 1936