Legal Opinion
Hicks v. Texas & N. O. R. Co.
Supreme Court of Louisiana
Decided March 29, 1937No. 34200PublishedCited by 18 opinions
1Opinion of the Court
HIGGINS, Justice.
This is an action ex delicto to recover damages for personal injuries alleged to have been sustained as a result of the defendant’s employee negligently running into the plaintiff with a motor work car. Plaintiff also pleaded the doctrine of last clear chance.
Defendant denied that it was in any way at fault and averred that the plaintiff was guilty of contributory negligence in attempting to cross the tracks without stopping, looking, or listening.
There was judgment dismissing the suit and the plaintiff appealed. The Court of Appeal held that the plaintiff’s “own fault was…
2Cases cited11 opinions
- Rottman v. BeverlySupreme Court of Louisiana · 1935
- Chunn v. City & Suburban R. Co. of WashingtonSupreme Court of the United States · 1907
- Kansas City Southern Railway Co. v. EllzeySupreme Court of the United States · 1927
- Loewenberg v. Fidelity Union Casualty Co.Louisiana Court of Appeal · 1933
- Monk v. Crowell & Spencer Lumber Co.Louisiana Court of Appeal · 1936
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Russo v. Texas & P. Ry. Co.Supreme Court of Louisiana · 1938
- Eggleston v. Louisiana & A. Ry. Co.Louisiana Court of Appeal · 1939
- Davidson v. American Drug Stores, Inc.Louisiana Court of Appeal · 1937
- Rector v. Allied Van Lines, Inc.Louisiana Court of Appeal · 1940
- Young v. ThompsonLouisiana Court of Appeal · 1939
13 more not listed; retrieve them via the Exa API.