Legal Opinion

Darby v. New Orleans, T. & M. R.

Supreme Court of Louisiana

Decided April 3, 1916No. 20439PublishedCited by 15 opinions

Appeal from Fifteenth Judicial District Court, Parish of Calcasieu; Winston Over-ton, Judge. Action by Prank C. Darby against the New Orleans, Texas & Mexico Railroad Company. Prom judgment for plaintiff, defendant appeals.

1Opinion of the Court

LAND, J;

Plaintiff sued for $35,000 damages for personal injuries sustained by reason of the overturning of his surrey at a crossing of defendant’s track over a public road about a mile from the town of De Quincy in the parish of Calcasieu. In the construction of this crossing, the defendant made an excavation about 5 feet in depth across the public road and graded down the sides of the cut so as not to hinder or impede public travel on the highway. The approaches to the crossing were not kept in repair, but seem to have been left to the erosive action of the elements. The accident complained…

2Cited by15 opinions

  1. Dehan v. YoureeSupreme Court of Louisiana · 1926
  2. Homeland Ins. Co. v. ThompsonLouisiana Court of Appeal · 1943
  3. Bardfield v. New Orleans Public Belt RRSupreme Court of Louisiana · 1979
  4. Brandon v. Texas New Orleans R. Co.Louisiana Court of Appeal · 1936
  5. Bardfield v. New Orleans Public Belt RailroadLouisiana Court of Appeal · 1978

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