Govan v. New Orleans & C. R.

Citations

• 111 La. 125
• 35 So. 484
• 1903 La. LEXIS 506

Syllabus

<p>INJURY TO EMPLOYE—CONTRIBUTORY NEGLIGENCE.</p> <p>1. Well aware of the situation of iron posts located near the electric car track, and to which were attached the wires supporting the trolley, and required to keep, and keeping, notice posted in his car giving warning to keep heads, arms and body inside the car, and otherwise warned by his employers of the danger incident to his employment, and no duty being required of him calling for such act on his part, a conductor, nevertheless, thrust his head and neck out of one of the windows of the car and was struck by one of the posts distant eleven inches from the outside of the window of the passing car. The car tracks and posts had been located pursuant to directions of the City Engineer who had authority in the matter.</p> <p>Held—No recovery for damages legally possible.</p> <p>(Syllabus by the Court.)</p>