Legal Opinion

Schwartz v. New Orleans & C. R.

Supreme Court of Louisiana

Decided November 17, 1902No. 14,128PublishedCited by 11 opinions

Appeal from Civil District Court, Parish of Orleans; Thomas O. W. Ellis, Judge. Action by Joseph Schwartz against the New Orleans & Carrollton Railroad Company. Judgment for defendant, and plaintiff appeals.

1Opinion of the CourtBlanchard, J.

The plaintiff appeals from a judgment rejecting his demand for damages for personal injuries sustained in consequence of becoming pinioned or squeezed between two of the cars of defendant company at the intersection of Baronne and •Canal Streets in the City of New Orleans.

Negligence is charged against defendant for having so construdted its tracks that there is not sufficient space or room at that point between passing cars, .when swinging in or ■out of the curves in the tracks, for a man to stand in safety, or to extricate himself if caught between the cars.

It is averred that this was known…

2Cited by11 opinions

  1. Eichorn v. New Orleans & C. R., Light & Power Co.Supreme Court of Louisiana · 1904
  2. Belden v. RobertsLouisiana Court of Appeal · 1926
  3. Mangan v. Des Moines City Railway Co.Supreme Court of Iowa · 1925
  4. Dill v. ColleyLouisiana Court of Appeal · 1925
  5. Babin v. Sewerage & Water BoardLouisiana Court of Appeal · 1925

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