Legal Opinion

Herlisch v. Louisville, New Orleans & Texas Railroad

Supreme Court of Louisiana

Decided March 15, 1892No. 10,729PublishedCited by 8 opinions

APPEAL from the Civil District Court for the Parish of Orleans. Voorhies, J. When the usual warning is withheld, the wayfarer has a right to assume that tins crossing is safe, and that the company is not violating the law and endangering human life by running an engine without signals.

Read the full summary

APPEAL from the Civil District Court for the Parish of Orleans. Voorhies, J. When the usual warning is withheld, the wayfarer has a right to assume that tins crossing is safe, and that the company is not violating the law and endangering human life by running an engine without signals. The citizen on the public highway is hound only to the exercise of ordinary care; and when he is injured by llie negligence of a railroad company, it is no answer lo his claim for redress that notwithstanding the omission of the signals he might by greater vigilance have discovered the approach of the train; if…

1Opinion of the Court

The opinion of the court was delivered by

Watkins, J.

This is an action in damages for serious permanent injuries, sustained by tbe plaintiff, by reason of his having-been struck by one of defendant’s locomotives, through the gross and culpable fault and neglect of its servants and employés.

The occurrence is alleged to have happened on the evening of the 20th of August, 1889, at the intersection of Clara and Poydras. streets, in the city of New Orleans, as the plaintiff was crossing thfr former, the said locomotive moving westward from the company’s depot at the time.

Petitioner charges that…

2Cases cited1 opinion

  1. Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871

3Cited by8 opinions

  1. Tucker v. Illinois Cent. R.Supreme Court of Louisiana · 1917
  2. Belden v. RobertsLouisiana Court of Appeal · 1926
  3. Gibbons v. N. O. Terminal Co.Louisiana Court of Appeal · 1925
  4. Friedman v. New Orleans Ry. & Light Co.Supreme Court of Louisiana · 1923
  5. Capp v. Southwestern Traction & Power Co.Supreme Court of Louisiana · 1917

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API