Cusimano v. City of New Orleans

Citations

• 123 La. 565
• 49 So. 195
• 1909 La. LEXIS 744

Syllabus

<p>1. Accident.</p> <p>In a suit sounding in damages for personal injury, the question of fact is whether nlaintiff’s daughter hastily jumped or stepped on the bridge while it was in motion.</p> <p>2. Negligence (§ 85*) — Contributory Negligence — Children.</p> <p>If she ran to or hastily stepped on the bridge while it was in motion, the plaintiff is not entitled to judgment.</p> <p>[Ed. Note. — For other cases, see Negligence, Cent. Dig. §§ 121-129; Dec. Dig. § 85.*]</p> <p>3. Bridges (§ 37*) — Negligent Operation-Liability of Public Authorities.</p> <p>If she went on the bridge while it was in place, and then, due to a sudden, unexpected, and negligent putting it in.motion, she lost her balance and was crushed, there is liability.</p> <p>[Ed. Note. — For other cases, see Bridges, Cent. Dig. §§ 103-105; Dee. Dig. § 37.*]</p> <p>4. Bridges (§ 43*) — Liability for Injuries— Proximate Cause.</p> <p>The proximate cause of the accident from the first point of view considered as sustained by the testimony was the heedless act of the little girl.</p> <p>[Ed. Note. — For other cases, see Bridges, Dec. Dig. § 43.*]</p> <p>5. Condition of Bridge.</p> <p>The bridge was in a fairly good condition.</p> <p>6. Bridges (§ 44*) — Injuries—Contributory Negligence.</p> <p>There was no guard or chain to warn pedestrians. That did not have the effect of relieving the daughter of plaintiff from the necessity of acting as is expected of a young person of her age.</p> <p>[Ed. Note. — For other eases, see Bridges, Dee. Dig. § 44.*]</p> <p>7.Negligence (§ 85*) — Contributory Negligence-Children.</p> <p>Contributory negligence may be laid at the door of a young person 10 years and 9 months of age.</p> <p>[Ed. Note. — For other cases, see Negligence, Cent. Dig. §§ 121-129; Dec. Dig. § 85.*]</p> <p>(Syllabus by the Court.)</p>