Legal Opinion · Dissent

McLellan v. New Orleans & Northeastern Railroad

Louisiana Court of Appeal

Decided April 7, 1930No. 13,105; No. 13,104Published

1DissentJanvier, J.

There are certain facts which are not in dispute and which in themselves convict Mrs. McLellan of contributory negligence:

First, on the front end of the approaching locomotive there was a brilliant electric headlight.

Second, the coal chute was 200 feet from the automobile driveway and 50 feet from the railroad track, so that even if when the automobile was more than 50 feet from the track, the view of Mrs. McLellan was slightly obstructed by the chute 200 feet to her right, nevertheless, when she.reached a point 50 feet from the track, that obstruction passed entirely out of the case and no…

2Cases cited18 opinions

  1. Baltimore & Ohio Railroad v. GoodmanSupreme Court of the United States · 1927
  2. Churchill v. Texas & Pac. Ry. Co.Supreme Court of Louisiana · 1922
  3. Harrison v. Louisiana Western R.Supreme Court of Louisiana · 1913
  4. Castile v. O'KeefeSupreme Court of Louisiana · 1915
  5. Daull v. New Orleans Ry. & Light Co.Supreme Court of Louisiana · 1920

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