Legal Opinion

Conolly v. Crescent City Railroad

Supreme Court of Louisiana

Decided January 15, 1889No. 10,025PublishedCited by 16 opinions

APPEAL from the Civil District Court for the Parish of Orleans. Voorhics, J. 1. Common carriers, in the conveyance of passengers, are bound to exercise a very high degree of diligence, care, skill and foresight. Lehman vs. R. R. Co., 37 Ann. 707. 2. Especially where the passenger is known to be in any manner affected with a disability by which the hazards of travel are increased. Wardle vs. C. C. Co., 35 Ann. 204 and authorities there cited; Hickman vs. Mo.

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APPEAL from the Civil District Court for the Parish of Orleans. Voorhics, J. 1. Common carriers, in the conveyance of passengers, are bound to exercise a very high degree of diligence, care, skill and foresight. Lehman vs. R. R. Co., 37 Ann. 707. 2. Especially where the passenger is known to be in any manner affected with a disability by which the hazards of travel are increased. Wardle vs. C. C. Co., 35 Ann. 204 and authorities there cited; Hickman vs. Mo. R. R. Co., decided by Supreme Court Missouri, March 21, 3887; East Line R. R. Co. vs. Rushing, S. C. Texas. Dec. 9, 1887, G S. W.…

1Opinion of the Court

The opinion of the Court was delivered by

Fenner, J.

On a Sixnday in December, at about two o’clock of the afternoon, Patrick Conolly, a sober", respectable citizen, of 55 years, en*60tercel a car of tlie defendant’s street railway, and paid his fare as a passenger. Nothing in tlie evidence indicates that he exhibited any sign of intoxication or was guilty of the slightest impropriety of behavior, on entering the car, or until he had ridden a, considerable number of squares (from Terpsichore to Third street), and the testimony is conclusive that, in point of fact, he was perfectly sober. After…

2Cases cited3 opinions

  1. Higgins v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1871
  2. New Orleans, Jackson, & Great Northern Railroad v. StathamMississippi Supreme Court · 1869
  3. Murphy v. Union Railway Co.Massachusetts Supreme Judicial Court · 1875

3Cited by16 opinions

  1. Middleton v. . WhitridgeNew York Court of Appeals · 1915
  2. Hudson v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1904
  3. Fagg's Admr. v. Louisville & N. R. R. Co.Court of Appeals of Kentucky · 1901
  4. Haug v. Great Northern Railway Co.North Dakota Supreme Court · 1898
  5. Louisville & Nashville Railroad v. Ellis' Admr.Court of Appeals of Kentucky · 1895

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