Reary v. Louisville, New Orleans & Texas Railway Co.
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Tissot, J. Railway companies owe no duties to persons who go upon their engines, cars or other moans. of transportation, as trespassers, and are, therefore, not liable to them for anything less than wilful injury.
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APPEAL from the Civil District Court for the Parish of Orleans. Tissot, J. Railway companies owe no duties to persons who go upon their engines, cars or other moans. of transportation, as trespassers, and are, therefore, not liable to them for anything less than wilful injury. If the trespasser’s injuries «are the result simply of a failure to perform that duty which the railway company owes to every one who is rightfully upon its-cars or other means of transportation, he cannot recover, for he was not rightfully there;- and the railway has not failed to perforan any duty which it owed, to…
1Opinion of the Court
The opinion of the Court was delivered by
Pociié, J.
Suing for the use of Lis minor child, plaintiff claims damages in the sum of ten thousand dollars for personal injuries inflicted on his child by one of the defendant’s trains, through the alleged carelessness and negligence of the company’s employees.
Defendant appeals from a judgment of $3000, based on the verdict of a jury.
The evidence is very conflicting on the salient.features of the case, but from our reading of the record we find the following pertinent facts from the preponderance of the testimony.
The accident occurred at the company’s…
2Cases cited2 opinions
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Gillett v. Missouri Valley RailroadSupreme Court of Missouri · 1874
3Cited by1 opinion
- Allen v. Atlas Oil Co.Supreme Court of Louisiana · 1916