Legal Opinion

Cook v. Louisiana & N. W. R.

Supreme Court of Louisiana

Decided April 22, 1912No. 18,942PublishedCited by 17 opinions

Appeal from Third Judicial District Court, Parish of Bienville; B. P. Edwards, Judge. Action by J. M. Cook against the Louisiana & Northwest Railroad Company. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtLand, J.

Plaintiff sued for damages for .personal injuries sustained by his minor •son, Asa, aged nine years, who while walking on the track of the defendant company was struck by a locomotive. The boy lost his little toe and the flesh was torn from the bottom of his foot. From a judgment in favor of the plaintiff for $1,000, the defendant has appealed.

According to his own testimony the boy walked from a tramway onto the track of the railroad immediately in front of the locomotive which was pulling a freight train, and did not stop, look, or listen before going on the track.

His testimony reads as…

2Cases cited3 opinions

  1. Lynch v. KnoopSupreme Court of Louisiana · 1907
  2. Westerfield v. Levis Bros.Supreme Court of Louisiana · 1891
  3. Stanton v. HarveySupreme Court of Louisiana · 1892

3Cited by17 opinions

  1. Matthews v. New Orleans Terminal Co.Louisiana Court of Appeal · 1950
  2. Nolan v. Illinois Cent. R.Supreme Court of Louisiana · 1919
  3. Levy v. New Orleans Northeastern R. Co.Louisiana Court of Appeal · 1945
  4. Fils v. Iberia, St. M. & E. R.Supreme Court of Louisiana · 1919
  5. Smith v. Texas & Pac. Ry. Co.Louisiana Court of Appeal · 1939

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