Clerc v. Morgan's Louisiana & Texas Railroad & Steamship Co.

Citations

• 107 La. 370

Syllabus

<p>Syllabus.</p> <p>1. While common carriers are not absolute insurers of their passengers, It is an implied condition of railroad companies with each passenger, that the latter shall not he put in jeopardy of life or limb by any fault — even the slightest of the servants of the company. The negligence of a common carrier includes its negligence in all the departments of its 'undertaking.</p> <p>2. The passenger is not relieved of all obligation as to his own safety, but, unlike the carrier, He need not exercise the highest degree of care. He Is bound to exercise only ordinary care and prudence to preserve himself from injury.</p> <p>3. The standard by which to determine whether or not an adult passenger has failed to exercise the proper degree of care, is whether a person of ordinary prudence in the same situation, and having the knowledge possessed by the passenger would have done, or omitted to have done, the alleged negligent act. The passenger has the right to rely confidently on the care and watchfulness of the carrier to make all things safe for his transportation, with its incidents.</p> <p>4. A railroad company cannot be permitted to place a car on one of its tracks in the hands of parties who do not know or appreciate the danger of doing or not doing certain acts which it was the duty of the party having charge or control of the car, to know, and escape liability for his negligent acts on the ground that it was not under the control of its employees. It is responsible for the negligent acts of those in whose hands it permitted the car on its tracks to pass.</p> <p>5. It is negligence on the part of a railroad company to place a freight ear, with opening side doors, on a switch connecting with the main track, so near the junction that the door, when opened, would close the intervening space between the switch and the track. To leave open the door of a car so situated or to throw it open as a train is passing, is more than carelessness and passive negligence