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· 11/21/1898

Dieck v. New Orleans, City & Lake Railroad

Citations

  • 51 La. Ann. 262
  • 25 So. 71
  • 1898 La. LEXIS 583

Syllabus

<p>Syllabus.</p> <p>The authorities are numerous, and uniform to the effect that a person whose-business or pleasure occasions him to use the streets of a city which are-traversed by electric cars, and particularly at street crossings, is guilty of-negligence if he fails to employ proper precautions for his safety.</p> <p>He is bound to look and listen for the approach of cars, and to exercise ordinary care and caution to avoid possible danger of a collision; and should he see-an approaching car in close proximity, it would be his plain duty to halt until same could pass by, rather than run the risk of an accident by attempting to cross the track in front of it.</p> <p>Failing to take such necessary precautions for his safety, the injured party is guilty of that negligence which deprives him of the right to reimbursement for injury received.</p>

Judges: Watkins

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