Gretzner v. New Orleans & Carrollton Railroad

Citations

• 105 La. 266

Syllabus

<p>Syllabus.</p> <p>In this action, brought by plaintiff to recover damages for injuries received from a fall while disembarking, it appears that -the car was brought to a stop when plaintiff stepped to the rear platform and from it sought to step down to the pavement by stepping with his two feet on the step and then attempting to descend to the pavement with his right foot, while the left was still resting on the step. It was then he fell. He ascribes the cause of, his fall to a shock or sudden and unexpected movement forward of the car. The preponderance of the evidence proves that the car did not move at all at the time. There Is want of sufficient evidence to establish the truth of the averment of the complainant.</p> <p>The car and its appurtenances were in good order and nothing shows that the employes by whom it was manned were unskillful or negligent.</p> <p>There was nothing extraordinary in the stop as made to discharge the plaintiff as a passenger, and no act was shown for which defendant can be held liable in damages.</p>