Westerfield v. Levis Bros.
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans.. Voorhies J. One who leaves in apublic place where a person has a right to go a dangerous machine is liable for injuries caused thereby to persons who are in fact without fault, or who being infants are in law incapable of being contributorily negligent.
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APPEAL from the Civil District Court for the Parish of Orleans.. Voorhies J. One who leaves in apublic place where a person has a right to go a dangerous machine is liable for injuries caused thereby to persons who are in fact without fault, or who being infants are in law incapable of being contributorily negligent. Cooley on Torts, 2d Ed., 818 to 823; Lynch vs. Nurdin,l Q. B. 29; Railroad Company vs. Stout, 17Wall. 657; Mangan vs. Brooklyn Railroad Company, 38 N\ Y. 455; Pittsburg, etc., Railroad Company vs. Bumstead, 48 111. 221;. Rauch vs. Lloyd, 31 Penn. State 358; Birge vs. Gardner, 19…
1Opinion of the Court
On Rehearing.
The opinion of the court was delivered by
McEnery, J.
The plaintiffs, father and mother of a boy, Richard, aged 5 years and 7 months, brought this suit under Act 71 of 1884 for damages for the death of their son, caused by a large iron roller left by the defendants opposite to the residence of plaintiffs, and a very short distance from it. The residence was located on St. Mary street, corner of Coliseum.
The defendants, under a contract with the city of New Orleans, were engaged in placing gravel on Coliseum street.
The defendants plead a general denial, and specially aver that they…
2Cases cited11 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Hartfield v. RoperNew York Supreme Court · 1839
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
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3Cited by64 opinions
- Buechner v. City of New OrleansSupreme Court of Louisiana · 1904
- Ryan v. TowarMichigan Supreme Court · 1901
- Edgington ex rel. Meyer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
- Love v. Detroit, Jackson & Chicago RailroadMichigan Supreme Court · 1912
- Johnson v. ButterworthSupreme Court of Louisiana · 1934
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