Oxendine v. Louisiana Ry. & Navigation Co.
Supreme Court of Louisiana
Appeal from Fifth Judicial District Court, Parish of Winn; George Wear, Judge. Action by K. J. Oxendine against the Louisiana Railway & Navigation Company. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtProvosty, J.
Plaintiff was a passenger in the caboose of one of the freight trains of the defendant company. At a way station, the caboose and some of the cars were left standing on the track, while the front part -of the train went ahead to do some switching. It was night. Plaintiff and a fellow passenger were alone in the caboose. They were sitting on the bench which is along the side of the caboose, three or four feet . apart. Plaintiff says that he was leaning against the window, his elbow upon the sill, and his head resting upon his hand. The other passenger says plaintiff had his head out of the…
2Cases cited1 opinion
- Shamblin v. New Orleans & N. W. R.Supreme Court of Louisiana · 1905
3Cited by3 opinions
- Nixon v. New Orleans Ry. & Light Co.Supreme Court of Louisiana · 1908
- Welsch v. Standard Oil Co.Louisiana Court of Appeal · 1926
- Schumbrecht v. West New Orleans Light & Traction Co.Louisiana Court of Appeal · 1923