Missouri Pac. R. v. Texas & Pac. R.
U.S. Circuit Court for the District of Eastern Louisiana
On Exceptions to Master’s Report. The intervenor, William Laboy, sought to .recover of the Texas & Pacific Railroad Company damages for injuries received while attempting to board the defendant’s train, operated by the receivers of said road. The master reported adversely to the claim, and the intervenor excepted.
1Opinion of the CourtPardee, J.
The.evidence establishes, as the master reports, that the intervenor received the injuries of which he complains in attempting to get on the passenger train of the Texas & Pacific Railway Company while the'same was in motion, and before it stopped at a regular station on the line; that in so getting on the train he was neither advised nor compelled by the agents of the company; and that the intervener’s said attempt contributed directly to his injuries. It is the settled jurisprudence of Louisiana, whose laws control as to the responsibility in this case, that no person can recover damages…
2Cases cited1 opinion
- Knight v. Pontchartrain RailroadSupreme Court of Louisiana · 1871
3Cited by2 opinions
- Palen v. WheelockCourt of Appeals for the Eighth Circuit · 1926
- Murphy v. Pere Marquette RailroadMichigan Supreme Court · 1914