Legal Opinion

Stevenson v. New Orleans Pacific Railway Co.

Supreme Court of Louisiana

Decided April 15, 1883No. 8759PublishedCited by 2 opinions

APPEAL from the Twenty-fourth District Court, Parish of St. John the Baptist. Hahn, J. Railway companies are liable for injuries done to cattle on tlioir traok, where the injury could have "been prevented by the use of ordinary care (Lacey’s Digest of Railway Decisions, par. 24, p. 345) and that, although the animals were wrongfully on the track.

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APPEAL from the Twenty-fourth District Court, Parish of St. John the Baptist. Hahn, J. Railway companies are liable for injuries done to cattle on tlioir traok, where the injury could have "been prevented by the use of ordinary care (Lacey’s Digest of Railway Decisions, par. 24, p. 345) and that, although the animals were wrongfully on the track. Ib. par. 26. There is a prima facie case of negligence made out against the railroad when the animals were pasturing on plaintiff’s own land. Danner vs. S. C. R. R. Co., 4 Richardson’s Law S. Car., p. 329. Those principles apply to cattle killed at…

1Opinion of the Court

The opinion of the Court was delivered by

Poché, J.

Plaintiff sues for the value of six mules alleged to have been killed on his plantation in the Parish of St. John the Baptist by passeDger trains of the defendant Company, through the gross negligence and carelessness of its employees.

The uncontested facts of the case are: that the mules were all owned by plaintiff; that one of them was killed in the night of October 20th, and the five others in the evening at dark of November 6th, 1881.

The District Judge allowed to plaintiff $150 for the animal killed in October, and rejected his demand as to…

2Cited by2 opinions

  1. Sanders v. Illinois Cent. R.Supreme Court of Louisiana · 1911
  2. Martin v. Chicago, Burlington & Quincy Railway Co.Wyoming Supreme Court · 1907

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