Legal Opinion

Tillotson v. Texas & Pacific Railroad

Supreme Court of Louisiana

Decided January 15, 1892No. 10,891PublishedCited by 5 opinions

APPEAL from the Civil District Court for the Parish of Orleans. Ellis, J. 1. The injury received by an employe of a railroad company, in the discharge of his duty, in cases where the locomotive and train are derailed and wrecked, of itself raises the presumption of negligence and throws the burden of proof on the company to explain and rebut it, by showing that the injury resulted from no negligence of the company.

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APPEAL from the Civil District Court for the Parish of Orleans. Ellis, J. 1. The injury received by an employe of a railroad company, in the discharge of his duty, in cases where the locomotive and train are derailed and wrecked, of itself raises the presumption of negligence and throws the burden of proof on the company to explain and rebut it, by showing that the injury resulted from no negligence of the company. Cooley on Torts, pp. 661, 662 and 66B; 1 Addison on Torts, paragraph 546 (Ed. 1881, p. 578; 2 Thompson on Negligence, p. 1226. 2. The servant or employe does not undertake to incur…

1Opinion of the Court

The opinion of the court was delivered by

McSnery, J.

The plaintiff is the widow of Thomas Crilly, who was killed in a railroad accident, while in the employment of the defendant company.

She brought suit claiming damages in the sum of $25,000, alleging that her husband, the conductor of a freight train, was killed in a wreck of said train near Seymourville, Louisiana, on the 30th January, 1890, and she alleges that the accident, which resulted in the death of her husband, was-caused solely through the gross negligence, fault, want of care on the part of the defendant corporation, and without…

2Cited by5 opinions

  1. Roff v. Summit Lumber Co.Supreme Court of Louisiana · 1907
  2. Sanders v. Illinois Cent. R.Supreme Court of Louisiana · 1911
  3. Hendricks v. Maison Blanche Co.Louisiana Court of Appeal · 1927
  4. Wiggins v. Standard Oil Co.Supreme Court of Louisiana · 1917
  5. Lucius v. HarrisMississippi Supreme Court · 1934

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