Dubose v. New Orleans Ry. & Light Co.

Citations

• 123 La. 1029
• 49 So. 696
• 1909 La. LEXIS 817

Syllabus

<p>1. Decisory Oath About Condition of Defendant’s Road.</p> <p>The answers to interrogatories propounded by plaintiff to defendant’s employes on facts and articles prove that the roadbed, the rails, the cars, and the running appliances and devices were in good repair.</p> <p>2. Street Railroads (§ 81*) — Operation-Duty.</p> <p>The accident did not occur at a crossing. The rule applicable to crossings has no direct 'bearing.</p> <p>[Ed. Note. — For other cases, see Street Railroads, Cent. Dig. §§ 172-177; Dec. Dig. § 81.*]</p> <p>3. Right to Use Street and Care Required.</p> <p>The right to the use of the street and the ■extent of care each should exercise — the pedestrian and the company — gave rise to the question for decision.</p> <p>4. Rate of Speed — Street Car.</p> <p>While the rate of speed (15 miles an hour) was too rapid, that rate has received some sanction.</p> <p>5. Street Railroads (§ 98*) — Injuries to Persons on Track — Contributory Negligence.</p> <p>If the plaintiff, despite the speed, was at fault, he cannot recover.</p> <p>[Ed. Note. — For other cases, see Street Railroads, Dec. Dig. § 98.*]</p> <p>6. Street Railroads (§ 98*) — Duty of Pedestrian to Look and Listen.</p> <p>The pedestrian should look and listen before stepping on the track of a street car.</p> <p>[Ed. Note. — For other cases, see Street Railroads, Cent. Dig. § 215; Dec. Dig. § 98.*]</p> <p>7. Operation of Street Car.</p> <p>The car was not traveling on a narrow and crowded street, late at night. There were few persons on the street. The car was lighted. The street is straight. The coming car and its usual noise could have been heard.</p> <p>8. Street Railroads (§ 98*) — Injuries to Persons on Track — Contributory Negligence.</p> <p>The plaintiff suddenly stepped from behind an automobile, standing still, to the track. It was not _ possible for the motorman to stop the car in time to avoid the accident.</p> <p>[Ed. Note. — For other cases, see Street Railroads, Cent. Dig. §§ 204-208