Earhart v. New Orleans & Carrollton Rail Road
Supreme Court of Louisiana
1 -Li PPEAL from tlio Sixth District Court of New Orleans, Howell, J. This is an action for damages, brought by the father of a child tilled at the Carrollton railroad depot, on. the 31st of January, 1860, from being knocked down by a locomotivo engine and run over. Both legs of the boy were crushed, and amputation ineffectually resorted to to save his life.
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1 -Li PPEAL from tlio Sixth District Court of New Orleans, Howell, J. This is an action for damages, brought by the father of a child tilled at the Carrollton railroad depot, on. the 31st of January, 1860, from being knocked down by a locomotivo engine and run over. Both legs of the boy were crushed, and amputation ineffectually resorted to to save his life. The defendant first filled an exception, that the petition set forth no catLse of action; and, in case this was overruled, a general denial, ij There can be no doubt of the correctness of the judgment of the lower com-t on the exception.…
1Opinion of the CourtLabatjve, J.
The plaintiff alleges, in substance, that the New Orleans and Carrollton Railroad Company is legally indebted unto him in the sum of @25,000; that, on the 31st January, 1860, petitioner’s son, Osborne C. Earhart, was thrown down and run over by a locomotive steam engine, driven on the track of said company by persons in its employ; that petitioner’s son was between ten and eleven years old, and standing then and there quietly, looking at the cars and train, when, suddenly and without giving any warning, one of the locomotives and trains backed and struck' the said Osborne, who was standing…
2Cited by17 opinions
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- Wilton Jones Company v. Liberty Mutual Insurance CompanyLouisiana Court of Appeal · 1971
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