Campbell v. New Orleans City Railroad

Citations

• 104 La. 183

Syllabus

<p>Syllabus.</p> <p>1. An exception to tbe capacity of a mother suing as natural tutrix of a minor child to recover, on Ms behalf, damages for a personal injury can not be pleaded after answer filed. (Montford vs. Schmidt, 36th Annual, 750.)</p> <p>2. If an accident happens to a child by its running upon a track in front of an approaching electric car no liability attaches to the motorman or his employer, if the circumstances were such as were not calculated to cause the motorneer in the exercise of proper prudence and caution, to suspect that it would do so, and he takes immediate action to save the situation the moment its intended course is shown. (Gallaher vs. Railroad, 37th Annual, 288. Gannon vs. Railroad, 48th Annual, 1004.)</p>