Smith v. Crescent City Railroad

The opinion of the court was delivered by

Miller, J.

The defendant appeals from the judgment following the verdict of a jury for five thousand dollars damages, caused, it is alleged, by the negligence of defendant’s driver in running over plaintiff, the wheels of the car crushing his left leg, rendering amputation necessary.

The accident was on Sunday morning, about 4 o’clock, while it was yet dark. The plaintiff’s account is that he was walking on and up the track used by the cars in ascending Magazine street; that, without warning, the car came on him, the dash-board coming in contact with his…