Conway v. New Orleans City & Lake Rail Road

Citations

• 51 La. Ann. 146
• 24 So. 780
• 1898 La. LEXIS 575

Syllabus

<p>The West End passenger train of the defendant company came to its stopping place on Canal street, where it was when plaintiff walked up to the train and turned to the right in order to board the smoking ear at the end of the train. An electric car of the defendant company ran on its track, which was near the steam train. The projection of the electric car and the projection of the steam train (toward each other), made very narrow the path upon which plaintiff was walking, with his back to the electric ear, by which he was knocked down, and greatly injured.</p> <p>The rule as to looking and listening had no application. About mid-day, de fendant’s motorman did not see plaintiff, who was walking in front, in a dangerous position, because of his advancing car. It was his duty to keep a sharp lookout and see pedestrians at the place on their way to board the cars. No gong was sounded and no alarm.</p> <p>There was no proper care on the part of the employe in charge of defendant's electric car. Such care and diligence must be exercised at dangerous places on a railway to avoid inflicting injury, as the proper manning of a car requires.</p>