Weeks v. New Orleans, Spanish Fort & Lake Railroad
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. líiglitor, J. The evidence shows that the accident resulted from the negligence of defendant and failure of their employees to complywith their own rules and regulations, and the jury so found hy their verdict. Their verdict should be sustained, with the increased damages-claimed. The defense of contributory negligence on the part of plaintiff is not sustained by the evidence nor under the law.
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APPEAL from the Civil District Court for the Parish of Orleans. líiglitor, J. The evidence shows that the accident resulted from the negligence of defendant and failure of their employees to complywith their own rules and regulations, and the jury so found hy their verdict. Their verdict should be sustained, with the increased damages-claimed. The defense of contributory negligence on the part of plaintiff is not sustained by the evidence nor under the law. Increasing verdicts -is a matter within the jurisdiction of the Supreme Court, and it must d Contributory negligence, in order to be a…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
At the point with which we are concerned, the defendant’s double-track railroad runs along Bienville street.
*802At the intersection of Bienville and Napoleon streets lies, on one side of Napoleon street, a square known as Loeper’s Park, and on the other or city side a vacant square known and used as a baseball green.
Loeper’s Park contains a garden, buildings, places of refreshment, dancing platform, etc., and is used for picnics and a place of resort on Sundays. Its entrance-gate is on Bienville, about 35 feet from Napoleon street.
On Sunday,…
2Cases cited4 opinions
- Willy v. . MulledyNew York Court of Appeals · 1879
- Phillips v. . Rensselaer and Saratoga R.R. Co.New York Court of Appeals · 1872
- Brassell v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1881
- Chicago & Northwestern Railway Co. v. ScatesIllinois Supreme Court · 1878
3Cited by7 opinions
- Pere Marquette Railroad v. StrangeIndiana Supreme Court · 1908
- Alston v. Baltimore & Ohio RailroadDistrict Court, District of Columbia · 1977
- Chaffee v. Old Colony R.R. Co.Supreme Court of Rhode Island · 1892
- Klaus v. Southern Railway Co.Louisiana Court of Appeal · 1958
- Damico v. Wash., B. A.R. Co.Court of Appeals of Maryland · 1930
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