Cline v. Crescent City Railroad
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. 1. It is the legal duty of the Oity of NewOxdeans to keep its streets in repair, Act 20, 1882, Secs. 7 and 86, pp. 20 and 30, and is liable in damage to aperson injured by a dangerous place in a public street.
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APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. 1. It is the legal duty of the Oity of NewOxdeans to keep its streets in repair, Act 20, 1882, Secs. 7 and 86, pp. 20 and 30, and is liable in damage to aperson injured by a dangerous place in a public street. O’Neil vs. New Orleans, 30 An. 229; Eennimore vs. New Orleans, 20 An. 124; Dillon, Vol. 2, Secs. 788 and 789; Cline vs. Crescent City Railroad Company, 41 An. 1041;-Barnes vs. District of Columbia, 91 17. S. 540; Everston vs. Gunn, 99 17. S. 660; Cleveland vs. King, 132 17. S. 295. 2. It is the legal duty of a…
1Opinion of the Court
The opinion of the court was delivered by
Bermudez, C. J.
This is a suit in damages, alleged to have been sustained in consóquence of the death cf the husband of plaintiff and father of her minor daughter, occasioned by the gross fault and negligence of the defendants, who are sought to lie held liable in solido.
The case was once before this court, 41 An. 1031, on exceptions by the railroad company, which had been maintained below but which were overruled on appeal, the case being remanded for further proceedings.
The fundamental averment is:
That, on January 21, 1889, John Oline, husband and…
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