Caldwell v. Vicksburg, Shreveport & Pacific Railroad
Supreme Court of Louisiana
APPEAL from tlie Fifth District Court, Parish of Ouachita. Bichardson, J. Whore the injury is partly due to the negligence of the injured and partly by failure of the company to provide proper and suitable apparatus, the negligence of the injured party will not exonerate the company from the consequences of its own default. Grand Trunk E. It.
Read the full summary
APPEAL from tlie Fifth District Court, Parish of Ouachita. Bichardson, J. Whore the injury is partly due to the negligence of the injured and partly by failure of the company to provide proper and suitable apparatus, the negligence of the injured party will not exonerate the company from the consequences of its own default. Grand Trunk E. It. Co. vs. Cummings, 100 D. S. 700; Ellis vs. E. E. Co., 95 E. Y. 546; Townes vs. E. E. Co., 37 Ann. 632. Tho Supremo Court has the x>ower, and it is its duty to disregard the verdict of a jury where it is palpably erroneous in allowing only nominal…
1Opinion of the Court
Tho opinion of the Court was delivered by
Fenner, J.
In December, 1886, as the plaintiff was passing on horseback over a bridge constructed by tho defendant company at the crossing of its railroad track over a public street of the city of Shreveport, the foot of his horse broke through one of the iilanks of the bridge causing the auimal to fall, inflicting injuries on his rider, for which this suit for $10,000 damages is prosecuted.
The suit was first brought in Shreveport and resulted in a verdict aud judgment for plaintiff for $3000; hut on appeal to this court, an exception to the…
2Cited by6 opinions
- Tathwell v. City of Cedar RapidsSupreme Court of Iowa · 1903
- Lawson v. Shreveport Waterworks Co.Supreme Court of Louisiana · 1903
- Aboltin v. HeneyWashington Supreme Court · 1911
- Palmer v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1904
- Sigol v. KaplanWashington Supreme Court · 1928
1 more not listed; retrieve them via the Exa API.