Smith v. New Orleans Public Service, Inc.

WESTERFIELD, Judge.

The sole question presented by this appeal is whether the definitive judgment rendered in favor of defendant should have been a judgment of voluntary non-suit in response to plaintiff’s motion to that effect. Plaintiff alleged that she was a passenger on the Leonidas street bus line, owned and operated by the defendant; that when the bus reached the intersection of Monroe and Olive streets, she attempted to alight, putting her foot on the step at the rear of the bus for that purpose; and that as she did so the step folded up causing her to fall and to sustain certain…