Schexnaydre v. Texas & Pacific Railway Co.
Supreme Court of Louisiana
APPEAL from the Twenty-first District Court, Parish of St. John the Baptist. Rost, J. 1. The removal of this case to the United States Court was properly refused by the lower court, the statute and Constitution of this State specially vesting State courts with jurisdiction in such cases.' Act 89,1877, Sec. 3; Constitution of 1879, Art. 246. 2. The fact that plaintiff’s son was a deaf mute can not militate against him, because the gross negligence and carelessness of…
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APPEAL from the Twenty-first District Court, Parish of St. John the Baptist. Rost, J. 1. The removal of this case to the United States Court was properly refused by the lower court, the statute and Constitution of this State specially vesting State courts with jurisdiction in such cases.' Act 89,1877, Sec. 3; Constitution of 1879, Art. 246. 2. The fact that plaintiff’s son was a deaf mute can not militate against him, because the gross negligence and carelessness of defendants were the immediate and direct cause of his death. 3. Had the proper signals of the approach of the train to the…
1Opinion of the Court
The opinion of the court was delivered by
McEnery, J.
The plaintiff sued the defendant company for $28,300 damages for the death of his son, who was killed on the track of said company by one of its trains on the 15th December, 1890. The ease was put at issue by a general denial. There was judgment for plaintiff for $20,000, and the defendant appealed.
In this case the facts are few, and the law well settled applicable to the same.. The plaintiff’s son was a deaf mute and was walking on the railroad track, his back toward an approaching train, which was a special train, running at a high rate of…
2Cited by8 opinions
- Johnson v. Texas & Pac. Ry. Co.Louisiana Court of Appeal · 1931
- Campbell Co. v. Texas P. Ry. Co.Louisiana Court of Appeal · 1934
- Tilley v. Camden Fire Ins.Supreme Court of Louisiana · 1916
- Jones v. Sibley, L. B. & S. Ry. Co.Supreme Court of Louisiana · 1908
- Pinckley v. Texas & P. Ry. Co.Louisiana Court of Appeal · 1936
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