Choppin v. New Orleans & Carrollton Railroad
Supreme Court of Louisiana
from the Sixth District Court of New Orleans, Sowell, J. Lord Tenterden laid down the rule, in the case of Venderplank, et al. v. Miller, et al., 22 English Common Law Reports, p. 280, as follows : “If there was want of care on both sides, the plaintiffs cannot maintain their action ; to enable them to recover, the act must be attributable entirely to the fault of the crew of the defendant’s vessel. ” The Supreme Court of this State has recognized and applied this rule to…
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from the Sixth District Court of New Orleans, Sowell, J. Lord Tenterden laid down the rule, in the case of Venderplank, et al. v. Miller, et al., 22 English Common Law Reports, p. 280, as follows : “If there was want of care on both sides, the plaintiffs cannot maintain their action ; to enable them to recover, the act must be attributable entirely to the fault of the crew of the defendant’s vessel. ” The Supreme Court of this State has recognized and applied this rule to every case of railroad collision or accident that has come before it. Lesseps v. Pontchartrain R. R. Go., 17 L. It. it.…
1Opinion of the CourtHyman, C. J.
Plaintiff claimed a judgment of $50,000 against defendant, the New Orleans and Carrollton Bailroad Company, for damages suffered by Mm, from the culpable conduct of its servants.
The case was tried by jury, and verdict given in favor of plaintiff for twenty-five thousand dollars.
The District Judge rendered judgment in conformity with the verdict, A new trial was refused, and defendant appealed.
¥e have carefully examined the evidence, and it discloses the foEowing facts :
On the afternoon of the 19th August, 1860, plaintiff was passenger on a train of cars belonging to defendant. While the…
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- Shally v. N O. Public Service & Sewerage & Water BoardLouisiana Court of Appeal · 1925
- Gibbons v. N. O. Terminal Co.Louisiana Court of Appeal · 1925
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