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· 6/8/1908

Casper v. New Orleans Ry. & Light Co.

Citations

  • 121 La. 603
  • 46 So. 666
  • 1908 La. LEXIS 724

Syllabus

<p>1.Carriers — Injury to Passenger — Evidence.</p> <p>The owner of the building under construction, the contractor, and the railway comxiany are defendants.</p> <p>The railway company charges its codefendants with having erected structures dangerously near its track. In case of liability, it seeks to fasten it on its codefendants.</p> <p>Plaintiff, despite this plea of the railway company, failed to fix responsibility on any of the defendants for alleged injury.</p> <p>2. Same — Uncertainty as Relates to Cause.</p> <p>The cause of the injury was not xiroved with reasonable certainty.</p> <p>3. Same — Burden oe Proof.</p> <p>The onus of proof was with the defendant railway company in some respects, but not entirely, throughout the case.</p> <p>[Ed. Note. — For cases in uoint, see Cent. Dig. vol. 9, Carriers, §§ 1283-1294.]</p> <p>4. Same — Plaintiff.</p> <p>It rests ux>on the complainant to establish both the injury and the negligence which caused it.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 9, Carriers, §§ 1283-1294.]</p> <p>(Syllabus by the Court.)</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • considering these factors to determine the case was not “exceptional” pursuant to 35 U.S.C. § 285
  • denying fee award where the non-prevailing party’s conduct was not “abusive”
  • ”[W]hen an actual controversy ceases to exist, there can be no claim under the Declaratory Judgment Act, and the court loses subject matter jurisdiction.”
  • “[W hen an actual controversy ceases to exist, there can be no claim under the Declaratory Judgment Act, and the court loses subject matter jurisdiction.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Breaux

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