Ryan v. Louisville, New Orleans & Texas Railway Co.
Supreme Court of Louisiana
APPEAL from the Twenty-sixth District Oourt, Parish of Jefferson. Rost, J. 1. A special plea waives the general issue. Hawkins vs. N. O. P. & P. Co., 29 An. 136; Lesseps vs. Wicks, 12 An. 739; Bornar vs. L. H. & S. R. Co., 42 An. 983. 2. Contributory negligence is always a matter of defence, and the burden of proving it is upon the defendant.
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APPEAL from the Twenty-sixth District Oourt, Parish of Jefferson. Rost, J. 1. A special plea waives the general issue. Hawkins vs. N. O. P. & P. Co., 29 An. 136; Lesseps vs. Wicks, 12 An. 739; Bornar vs. L. H. & S. R. Co., 42 An. 983. 2. Contributory negligence is always a matter of defence, and the burden of proving it is upon the defendant. Inland, etc., Go. vs. Tolson,[139 U. S. R 551; Ind. & St. L. R. R. Co. vs. Hor3t, 93 IT/ S. R. 291; Railroad Co. vs. Gladmore, 15 Wall. 401; - Georgia Pac. Ry. Co. vs. Davis, 9 So. Rep. 255. 3. A man should not be held responsible for statements made…
1Opinion of the Court
The opinion of the court was delivered by
Fenner, J.
The petition alleges (in substance) that Matthew D. Ryan was employed as brakeman on one of the defendant’s freight trains, and, on January 10, 1891, while coupling cars, was knocked down and run over by the train which was being backed down to be coupled. His leg was cut off, and he was otherwise badly hurt, and two days afterward died from his injuries. At the time of the accident, the engineer in charge of defendant’s locomotive was not upon his engine, and it was being operated by the fireman. The plaintiff is the widow of the said Ryan,…
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- Roff v. Summit Lumber Co.Supreme Court of Louisiana · 1907
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