De Mahy v. Morgan's Louisiana & Texas Railroad & Steamship Co.
Supreme Court of Louisiana
APPEAL from the Nineteenth District Court, Parish of St. Martin. Voorlvies, J. 1. In an action against a common carrier for personal injuries received in an accident charged to have been the result of defendant’s negligence, the burden of proof is upon the plaintiff to show the negligence of the defendant, and the want of contributory negligence in himself. 40 An. 786; 31 An. 49; 30 An. 15; Rorer on Railroads, 531; 30 Md. 47; 46 Barbour, 529. 2. In such actions the decisions…
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APPEAL from the Nineteenth District Court, Parish of St. Martin. Voorlvies, J. 1. In an action against a common carrier for personal injuries received in an accident charged to have been the result of defendant’s negligence, the burden of proof is upon the plaintiff to show the negligence of the defendant, and the want of contributory negligence in himself. 40 An. 786; 31 An. 49; 30 An. 15; Rorer on Railroads, 531; 30 Md. 47; 46 Barbour, 529. 2. In such actions the decisions of the Federal courts and of the courts of the several States are good authority. 3. A contract of carriage entered…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, O. J.
Dr. Henry De Mahy, “ suing for himself and for his-wife, Cecilia De Mahy, and also in his capacity as father of his minor child, Tullía De Mahy, and for the separate use, benefit and advantage of his said minor child,” represents in the petition which he filed in this case that on or about the 3d of June, 1892, petitioner’s wife with her child Tullia, a little girl then aged two years and eleven months, at St. Martinsville, in the parish of St. Martin, took passage on, and with the said child got on the regular passenger train of the…
2Cited by8 opinions
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- Eichorn v. New Orleans & C. R., Light & Power Co.Supreme Court of Louisiana · 1904
- Strickland v. DavisSupreme Court of Alabama · 1930
- Dixon v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1910
- Bond v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1918
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