Fleytas v. Pontchartrain Rail Road
Supreme Court of Louisiana
APPEAL PROM THE COURT OF THE FIRST JUDICIAL DISTRICT, Tbis is an action to reader the defendants liabje fen the value of a slave killed while lying asleep .qn their roqd, by the engine running oyer him. The testimony, in substance, showed that the negro had either become intoxicated or was by fatigue induced to lie down on the road and go to sleep. Qn the other hqnd, the engineer was unable or neglected to take up the engine in time to prevent running over him.
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APPEAL PROM THE COURT OF THE FIRST JUDICIAL DISTRICT, Tbis is an action to reader the defendants liabje fen the value of a slave killed while lying asleep .qn their roqd, by the engine running oyer him. The testimony, in substance, showed that the negro had either become intoxicated or was by fatigue induced to lie down on the road and go to sleep. Qn the other hqnd, the engineer was unable or neglected to take up the engine in time to prevent running over him. The , witnesses declared tjie engine was running at the usual speed, when the discovery of the negro was made, two minutes before…
1Opinion of the CourtMartin, J.
delivered the opiniqn .of thp court.
The defendants are appellants from a judgment by y/hich the plaintiff has recovered the sum of fifteen hundred dollars, the value of a slave, crushed by one of their lqcomotive engines, while he was lying across their rail road, asleep, intoxicated, or in a fit of epilepsy or other disease,
The testimony does not show that the engineer did not act with due care. He discovered the slave ;about two minutes before the catastrophe happened ; and the chief engineer of *340the Carrollton Rail Road has testified that in ordinary circumstances, a locomotive engine with…
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