Boyett v. Chicago, R. I. & P. Ry. Co.

Citations

• 123 La. 579
• 49 So. 200
• 1909 La. LEXIS 746

Syllabus

<p>1. Negligence (§ 108*) —- Dangerous Premises — Action eor Injuries — Petition.</p> <p>The petition in this case alleges that plaintiffs minor son was injured by the bursting of a water tank whilst he was waiting on defendant’s property for the return of one of defendant’s employés, whom he had called to see on business. It does not allege that he was engaged in any business for defendant-, that defendant’s employe was authorized by it to transact his own business or that of the minor on its property, that defendant had held out to the public or to the minor that the place selected by the latter was a safe or proper one for a stranger to wait while engaged in his own concerns, or that defendant was under obligation to provide such a place for such person so engaged.</p> <p>[Ed. Note. — For other cases, see Negligence, Dec. Dig. § 108.*]</p> <p>2. Soteiciency oe Petition — No Cause oe Action.</p> <p>In other words, the petition does not show the violation by defendant of any duty which it owed to the minor or the plaintiff, and hence discloses no cause of action for damages.</p> <p>(Syllabus by the Court.)</p>