Ober v. Crescent City Railroad
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. King7 J. It is not, under all circumstances, negligence as matter of law for a person to get upon or leap from a street car, while in motion; ordinarily, it is a proper case for a jury. Boone on Corporations, Sec. 266, and cases there cited. It is well settled that it is not negligence per se for a person to get on or off a street car drawn by horses,-while it is in motion.
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APPEAL from the Civil District Court for the Parish of Orleans. King7 J. It is not, under all circumstances, negligence as matter of law for a person to get upon or leap from a street car, while in motion; ordinarily, it is a proper case for a jury. Boone on Corporations, Sec. 266, and cases there cited. It is well settled that it is not negligence per se for a person to get on or off a street car drawn by horses,-while it is in motion. It depends upon the circumstances surrounding eac,h case. The question is ordinarily one of fact to be submitted to a jury. 47 N. W. (Minn.) 8S7. Same…
1Opinion of the Court
The opinion of the court was delivered by
Fenner, J.
The substantial allegations of the petition are, that it is the duty of the city of New Orleans to keep her streets in good order and condition, and that by contract this duty, as to Annunciation street, was devolved on the defendant; that a certain plank crossing on Annunciation street got out of repair, and had a long, narrow crack in it that was caused by the decay of one of the planks; that the defendant grossly neglected to cover up or repair this crack, although it had been notified so to do; that plaintiff entered one of the cars on…
2Cases cited2 opinions
- McDonough v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1884
- Eppendorf v. Brooklyn City & Newtown RailroadNew York Court of Appeals · 1877
3Cited by4 opinions
- Metcalf v. MellenUtah Supreme Court · 1920
- Fowler v. Chicago Railways Co.Illinois Supreme Court · 1918
- Eikenberry v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Jones v. Canal & C. R.Supreme Court of Louisiana · 1902