Dewez v. Orleans R.

Citations

• 115 La. 432
• 39 So. 433
• 1902 La. LEXIS 174

Syllabus

<p>1. Appeal — Bond—Time oe Filing.</p> <p>The petition for the appeal, properly praying for citation, and the order thereon, were filed within the 12 months following the date of the judgment. The order of appeal was granted, and the bond filed within the year. This suffices. Boutte v. Boutte’s Ex’rs, 30 La. Ann. 181.</p> <p>2. Same — Citation—Seevice.</p> <p>It is not necessary that the citation of appeal be served within the year. If the appeal be taken and bond given within the year, although the citation be served after it has elapsed, but in time for the term of court, it will be sufficient. Barremore’s Syndic v. Bradford’s Heirs, 10 La. 150.</p> <p>3. Same — Pbepaeation oe Papees.</p> <p>If the reasons of the clerk be taken into consideration for not having prepared the papers within the year, they are not sustained Sy authority as valid.</p> <p>4. Same — Delay—Injuey to Appellee.</p> <p>The appellee has not suffered by the delay. Petit y. Drane, 8 La. 218.</p> <p>5. Same — Obdee oe Appeal — Signing.</p> <p>The record shows that the order of appeal must have been timely signed, although the fact does not appear on the face of the order. The merest oversight is not sufficient ground to dismiss, in view of the date of filing the order.</p> <p>6. Steeet Raileoads — Collision with Vehicle.</p> <p>Persons emerging from streets which are intersected by others upon which electric cars are operated are bound, in common caution, to look and listen for the approach of such cars before attempting to drive across the tracks, and, though there may be a rule, imposed upon its employés by the railroad company, that its cars shall keep a certain distance apart, the precaution mentioned should nevertheless be observed, and the mere fact that a car has passed will not justify the driver of a vehicle in acting upon the assumption that no other is near, when the contrary would become known by the ordinary use of his eyes or ears.</p> <p>7. Same — Evidence.</p> <p>Where a milk ca