Legal Opinion

McDonald v. Louisville & Nashville R. R.

Supreme Court of Louisiana

Decided June 21, 1895No. 11,831PublishedCited by 3 opinions

APPEAL from the Civil District Court for the Parish of Orleans. King, J. Where a railroad company permits another company to exercise the franchise by running cars drawn by steam over its road, the company owning the road and to which the law has entrusted the franchise is liable for injury done.

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APPEAL from the Civil District Court for the Parish of Orleans. King, J. Where a railroad company permits another company to exercise the franchise by running cars drawn by steam over its road, the company owning the road and to which the law has entrusted the franchise is liable for injury done. Macon, etc., Ry. vs. Mayes, 49 Ga. 355; 5 Wallace, 105. A railrosd company authorized by act of the Legislature to contract, to perform its transportation with another railroad company may permit that company to use its tracks without becoming liable for the negligence of that company. Act 60 of…

1Opinion of the Court

The opinion of the court was delivered by

McEnery, J.

The defendant corporations are sued in solido for ten thousand dollars damages inflicted upon plaintiff’s wife in a collision of the trains of the first two defendants, at the intersection of the New Orleans & Northeastern Railroad and the Louisville & Nashville Railroad, at People’s avenue and Patriot street, on the morning of October 14, 1894. There was judgment against the East Louisiana and New Orleans & Northeastern Railroad Company in solido for plaintiff in the sum of one thousand two hundred and fifty dollars, with five per cent,…

2Cited by3 opinions

  1. Muntz v. Algiers & G. Ry. Co.Supreme Court of Louisiana · 1903
  2. Morgan v. HinesDistrict Court, E.D. Oklahoma · 1919
  3. Johnson v. City of MonroeLouisiana Court of Appeal · 1935

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