Durieu v. New Orleans Public Service, Inc.

The plaintiff sues for damages for physical injuries alleged to have been caused by a fall while alighting from a street car, operated by the defendant company, due to a hole in the pavement.

There is no question of the defendant’s responsibility under the allegations of the petition. That carriers must provide a reasonably safe landing place in discharging passengers is beyond controversy. The sole question is whether the plaintiff’s allegations have been established by the evidence.

The neutral ground on Canal street, the locus in quo, is proven to have been for a considerable period of time…