Cline v. Crescent City Railroad
Supreme Court of Louisiana
APPEAL from the Civil District Court for the' Parish of Orleans. Monroe, J. 1. It is the legal duty of the City of New Orleans to keep its streets in repair; Act 20, 1882, §7 and §86, pp. 20 and 30; and is liable in damage to a person injured by a dangerous place in a public street.
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APPEAL from the Civil District Court for the' Parish of Orleans. Monroe, J. 1. It is the legal duty of the City of New Orleans to keep its streets in repair; Act 20, 1882, §7 and §86, pp. 20 and 30; and is liable in damage to a person injured by a dangerous place in a public street. O’Neil vs. New Orleans, 30 Ann. 229; JPonnimore vs. New Orleans, 20 Ann. 124; Dillon, Yol. 2, §788 and §789. 2. It is the legal duty of a street railway company traversing with its tracks and cars the public streets of a city, to keep its rails, tracks, the space between the rails and contiguous thereto in good…
1Opinion of the Court
Tlie opinion of the Court was delivered by
Watkins, J.
This action is for the, recovery of damages against the defendants in solido, for having negligently caused the death of John Cline, husband of the plaintiff Mary Cline, and father of her daughter Kate. In the petition it is charged that “on or about January 21, 1889, John Cline * * was driving upon Calliope street, between St. Charles avenue and Prytania street, and while in the exercise of duo care and caution, and without negligence on his part, ignorant of the dangerous condition of the street, his vehicle got into a hole in the street…
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