Odom v. St. Louis Southwestern Railroad
Supreme Court of Louisiana
APPEAL from the Second District Court, Parish of Bossier. Watkins, J. 1. A claim for damages for an injury done to a married woman, living under tlie regime of tlie community, is an asset of the community, in which suit must be brought in the husband’s name. 43 An. 1202; 42 An. 990; 38 An. 185; 35 An. 157; 12 An 832 And in such a case the wife is not a competent witness. 42 An. 990. 2. In an action for damages for personal injuries, where the plaintiff has, by his own…
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APPEAL from the Second District Court, Parish of Bossier. Watkins, J. 1. A claim for damages for an injury done to a married woman, living under tlie regime of tlie community, is an asset of the community, in which suit must be brought in the husband’s name. 43 An. 1202; 42 An. 990; 38 An. 185; 35 An. 157; 12 An 832 And in such a case the wife is not a competent witness. 42 An. 990. 2. In an action for damages for personal injuries, where the plaintiff has, by his own imprudence, or negligence, contributed to his own injury, he can not recover, even though defendant be in fault. 18 La. 839; 9…
1Opinion of the Court
The opinion of the court was delivered by
McEnbry, J.
The plaintiff sued the defendant company for $5000' damages for personal injuries to his wife, alleged to have been received at Mitchell’s Mill, in Bossier parish, on July 4, 1892.
The petition alleges that the plaintiff “had alighted from the car, and Mrs. Odom, his said wife, was in the act of alighting therefrom; that when she had reached about the second or third step of defendant company’s ear, the said train, under the control and management of said company’s regular employés, gave a sudden and violent jerk and began to move off; that…
2Cited by4 opinions
- Drago v. DorseyLouisiana Court of Appeal · 1930
- Nelson v. Vicksburg, S. & P. Ry. Co.Supreme Court of Louisiana · 1917
- Guidry v. Morgan's Louisiana & T. R. & S. S. Co.Supreme Court of Louisiana · 1917
- Chretien v. New Orleans Rys. Co.Supreme Court of Louisiana · 1904