Chretien v. New Orleans Rys. Co.

Citations

• 113 La. 761
• 37 So. 716
• 1904 La. LEXIS 704

Syllabus

<p>CARRIERS — ELECTRIC CAE — INJURY TO PASSENGER — APPREHENSION OP DANGER.</p> <p>1. While plaintiff’s son was a passenger on one of the electric cars of the defendant company, a broken wire fell, just before day, striking the dashboard of the platform of the car. The lights went out upon the falling of the wire, and,this was immediately followed by a flash and an explosion, similar to the explosion of a firecracker, but louder. Neither the car nor any of the passengers were injured, nor was any one frightened other than the plaintiff’s son, who, standing near the open door at the rear of the car, under a first impulse, ran to the back platform and jumped from the car (runniflg at a high speed) to the ground, striking his skull, and fracturing it, from which injury he died. Plaintiff claimed that the accident was the cause of his son’s death, and that he was not guilty of contributory negligence.</p> <p>Held: That the character of the impending danger, or, at least, its apparent character, is to be considered. If one acts unreasonably, or rashly, or becomes frightened at a trivial occurrence, not calculated to alarm a reasonably prudent man, and thereby brings injury upon himself, there is no liability. The deceased must have acted upon reasonable apprehension. Iiis conduct must have conformed to that of an ordinarily careful and prudent man under like circumstances. In considering whether there was justification for the passenger’s action, it was proper to consider what the action of the other passengers was as part of the res geste, and was deemed prudent by those in the same situation having an interest to take the least and avoid the greatest danger. The speed of the car at the time was proper to be considered.</p> <p>(Syllabus by the Court.)</p>