Downey v. Baton Rouge Electric & Gas Co.

Citations

• 122 La. 481
• 47 So. 837
• 1908 La. LEXIS 488

Syllabus

<p>1. Street Railroads (§ 100*) — Injuries — Contributory Negligence — Children. Plaintiffs’ son, between eight and nine years of age, a well-grown, intelligent child, while standing on a sidewalk unattended, saw three platform cars belonging to defendant, which were being pushed down the track in the street by a motor car, and, when they were about opposite where he stood, he attempted to run across the street ahead of the train and was killed. Held, that the child was guilty of contributory negligence.</p> <p>[Ed. Note. — For other cases, see Street Railroads, Cent. Dig. § 217; Dec. Dig. § 100.*]</p> <p>2. .Street Railroads (§ 93*) — Injuries to Persons on Tracks — Lookout on Car.</p> <p>Plaintiffs’ child was run over and killed by a train of street cars composed of three platform cars pushed by motor car. The motorman was able to see ahead of the three cars, which extended only about 60 feet ahead of him. Held, that any necessity for a lookout at the front end of the train was supplied by a laborer who sat there in full view of the motorman, and that the accident was in no way the result of the absence of a lookout, since it was not contended that the motorman did not see the boy when he manifested his intention of trying to cross, ahead of the train.</p> <p>[Ed. Note. — For other cases, see Street Railroads, Dec. Dig. § 93.*]</p> <p>3. Street Railroads (§ 102*) — Injuries—Defects IN EQUIPMENT-HIRAKES.</p> <p>While a train of three platform cars was being pushed by a motor car along defendant’s road in a street, plaintiffs’ son, between eight and' nine years of age, being aware 'of the approach of the train, attempted to cross the street in front of it and was killed. Held that, as the child was guilty of contributory negligence, the fact that the platform cars were not provided with brakes was not material, it being customary to operate construction trains in that way.</p> <p>[Ed. Note. — For other cases, see Street Railroads, Dec. Dig. § 102.*]</p>