Legal Opinion

Wallis v. Morgan's Louisiana & Texas Railroad & Steamship

Supreme Court of Louisiana

Decided March 15, 1886No. 9606PublishedCited by 3 opinions

APPEAL from the Nineteenth District Court, Parish of Terrebonne. Goode, J. 1. In actions of damage for trespass, tbe Morgan’s Louisiana and Texas Railroad Company is amenablo to the jurisdiction of the Court where the trespass occurs.

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APPEAL from the Nineteenth District Court, Parish of Terrebonne. Goode, J. 1. In actions of damage for trespass, tbe Morgan’s Louisiana and Texas Railroad Company is amenablo to the jurisdiction of the Court where the trespass occurs. Act No. 37, Session Acts of 1877, page 37, section No. Í2; 33 Ann. p. 955; 36 Ann. 186. 2. Where an employe is injured by a railway accident, and the act that caused the damage could have been prevented by the railroad company, it is liable for damages under positive provisions of the Civil Code. R. C. C., art. 176, 2320. 3. The conductor of a train, who has…

1Opinion of the Court

The opinion of the Court was delivered by

Fenner, J.

The plaintiff claims damages for injury suffered by him incurred in the process of coupling cars while he was acting in the capacity of brakeman on defendant’s road.

The issues will he much simplified by quoting that portion of plaintiff’s petition relating to the accident, its causes, and the grounds on which defendant’s liability is charged.

After reciting his employment as brakeman on that portion of defendant’s road known as the u Houma Branch,” the petition proceeds: “ that the train runs over said road four times a day; * * that the main…

2Cited by3 opinions

  1. Caillier v. New Orleans Ry. & Light Co.Louisiana Court of Appeal · 1921
  2. Day v. Louisiana Western R.Supreme Court of Louisiana · 1908
  3. Hale v. Kansas City Southern Ry. Co.Court of Appeals for the Fifth Circuit · 1903

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