Moore v. Edison Electric Illuminating Co.
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Ellis, J. 1. “ It is not negligence.per.sc for a passenger to expose his hand or arm outside of a street car.” 5 Mo. App. 471; 6 Cent. L. J. 333; 41 Cal. 10Ü; 17 SYis. 487; 39 Mo. 468; 52 Mo. 283; Am.andEng.
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APPEAL from the Civil District Court for the Parish of Orleans. Ellis, J. 1. “ It is not negligence.per.sc for a passenger to expose his hand or arm outside of a street car.” 5 Mo. App. 471; 6 Cent. L. J. 333; 41 Cal. 10Ü; 17 SYis. 487; 39 Mo. 468; 52 Mo. 283; Am.andEng. R. R. Cases, 37, p. 166; 51111s. 333. 2. “ While there is a difference of opinion as to whether a passenger upon a steam railway train is guilty of negligence as a matter of law in riding with his arm projecting from the car window, this has never been asserted of a passenger upon a street railway in a similar position. It is…
1Opinion of the Court
*794The opinion of the court was delivered by
Bermudez, O. J.
This is a suit to recover $15,000 damages for injury sustained in consequence of the alleged negligence of the defendant company.
The petition avers that the company planted a pole at the corner of Royal and Canal streets, in this city, in dangerous proximity to the Canal, Coliseum and Upper Magazine street line of cars, thereby illegally obstructing the same as a highway; that on June 8, 1888, petitioner, at .about midnight, entered one of the cars of that line, and, believing he had not taken the one he intended to, he put his head a…
2Cited by8 opinions
- Caillier v. New Orleans Ry. & Light Co.Louisiana Court of Appeal · 1921
- LeJeune v. Allstate Ins. Co.Louisiana Court of Appeal · 1978
- Stumpf v. Baronne Building, Inc.Louisiana Court of Appeal · 1931
- Hughes v. Southwestern Gas & Electric Co.Supreme Court of Louisiana · 1932
- Hatcher v. BurlettLouisiana Court of Appeal · 1929
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