Legal Opinion

Marx v. Louisiana Western R.

Supreme Court of Louisiana

Decided May 23, 1904No. 15,128Published

Appeal from Fifteenth Judicial District Court, Parish of Calcasieu; Edmund Denis Miller, Judge. Action by Joseph Marx against the Louisiana Western Railroad Company. Judgment for plaintiff, and defendant appeals.

1Opinion

On Rehearing.

LAND, J.

Defendant complains that the quantum of damages allowed by the jury and affirmed by this court is excessive.

Plaintiff sued for $5,000 damages and recovered $250. We affirmed the verdict and judgment appealed from. We held that the ticket held by plaintiff entitled him to transportation to his destination, and that his ejection from the train at a way station was wrongful. •

The contention on rehearing is that the quantum should be reduced to $4.40, the actual pecuniary loss.

The defendant cites the Judice Case, 47 La. Ann. 255, 16 South. 816. In that case there was merely a…

2Cases cited4 opinions

  1. Judice v. Southern Pacific Co.Supreme Court of Louisiana · 1895
  2. Airey v. Pullman Palace Car Co.Supreme Court of Louisiana · 1898
  3. Dave v. Morgan's Louisiana & Texas Railroad & SteamshipSupreme Court of Louisiana · 1895
  4. Bader v. Southern Pacific Co.Supreme Court of Louisiana · 1900

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