Legal Opinion

Horsthemke v. New Orleans Ry. & Light Co.

Supreme Court of Louisiana

Decided April 5, 1920No. 23714PublishedCited by 10 opinions

Appeal from Civil District Court, Parish of Orleans; Hugh C. Cage, Judge. Action by John Horsthemke against the New Orleans Railway & Light Company. Verdict and judgment for plaintiff, and defendant appeals; and plaintiff, answering the appeal, asks that the amount of judgment be increased.

1Opinion of the CourtO’Niell, J.

Defendant appeals from a judgment, based upon the verdict of a jury, allowing plaintiff $3,000 damages for personal injuries. Answering the appeal, plaintiff asks that the amount of the judgment be increased to $6,000.

He charges that a street car conductor in the employ of the defendant company shoved and, kicked him from the platform or step of a moving car, on which1 he was traveling, or attempting to travel, as a passenger.

Defendant’s answer is that plaintiff was intoxicated when he boarded the car, and made a nuisance of himself; that, when he had traveled a distance of two blocks, the *933con…

2Cited by10 opinions

  1. Barlow v. City of New OrleansSupreme Court of Louisiana · 1970
  2. Gouzien v. FeraciLouisiana Court of Appeal · 1925
  3. Manuel v. United States Fire Insurance CompanyLouisiana Court of Appeal · 1962
  4. Kimbrell v. American Indemnity Co.Louisiana Court of Appeal · 1952
  5. Gaylord Container Corporation and Liberty Mutual Insurance Company v. Charley MileyCourt of Appeals for the Fifth Circuit · 1956

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