Legal Opinion

Brashear v. Houston Central, Arkansas & Northern Railroad

Supreme Court of Louisiana

Decided April 8, 1895No. 11,749PublishedCited by 3 opinions

APPEAL from the Fourth Judicial District Court, for the Parish of Grant. Wear, J. ON THE LIABILITY OF DEFENDANT. C. C., Art. 2315 et seq.; 45 An. 1201; 41 An. 795; Abbott’s Law of Corporations, Vol. 2, p. 598; 37 An. 705; Sedgwick on Damages, Vol. 2, p. 359; Am. and Eng. Ency. of Law, Vol. 4, Tit.

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APPEAL from the Fourth Judicial District Court, for the Parish of Grant. Wear, J. ON THE LIABILITY OF DEFENDANT. C. C., Art. 2315 et seq.; 45 An. 1201; 41 An. 795; Abbott’s Law of Corporations, Vol. 2, p. 598; 37 An. 705; Sedgwick on Damages, Vol. 2, p. 359; Am. and Eng. Ency. of Law, Vol. 4, Tit. Contributory Neg., p. 15 et seq.; 38 An. 111-185; 40 An. 661. “ If a passenger directs his course, whether entering or leaving a train, by the direction, or express or implied invitation of the corporation * * * he is injured, the corporation will be responsible for such injury.” Buswell on Personal…

1Opinion of the Court

The opinion of the court was delivered by

Miller, J.

The plaintiff, a passenger on defendants’ train, alleges he was thrown with violence to the ground by the movement of the cars while he was endeavoring to alight at his place of destination. The defence is the general issue and contributory negligence. The judgment of the lower court, based on the verdict of a jury, was against the defendant for three thousand dollars, and defendant appeals.

The plaintiff’s ticket on the train was for a flag station, at which the trains made no stop unless flagged or to put out passengers, and the testimony is…

2Cited by3 opinions

  1. Nelson v. Vicksburg, S. & P. Ry. Co.Supreme Court of Louisiana · 1917
  2. Guidry v. Morgan's Louisiana & T. R. & S. S. Co.Supreme Court of Louisiana · 1917
  3. Illinois Cent. R. v. WarrenCourt of Appeals for the Fifth Circuit · 1906

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