Greve v. New Orleans & C. R. Light & Power Co.

Citations

• 114 La. 974
• 38 So. 698
• 1905 La. LEXIS 579

Syllabus

<p>STREET RAILROADS — INJURY TO PERSON ON TRACK — EVIDENCE—NEGLIGENCE.</p> <p>1. The decedent was at a place where he had a right to be, on the track on his way to board a street car.</p> <p>2. The car of the defendant company, the appliances, and the road were in good order.</p> <p>3. The car was running at the usual rate of speed.</p> <p>4. The decedent and his companion were not standing on or dangerously near the track on which the car which collided with decedent was coming up.</p> <p>5. The decedent suddenly turned and left the place where he was standing, and ran diagonally in the direction of the coming car, and struck the dashboard and was killed.</p> <p>When he crossed over to the advancing car with which he collided, he was about six feet from the coming car.</p> <p>6. The weight of the evidence sustains the view that it was too late after the decedent came on the track to stop the car and save his life. The following are decisions in point: Snider v. R. R. Co., 18 South. 695, 48 La. Ann. 12; Hoelzel v. R. R. Co., 22 South. 330, 49 La. Ann. 1302, 38 L. R. A. 708; Webster v. R. R. Co,, 25 South. 77, 51 La. Ann. 299; Farrar v. R. R. Co., 26 South. 995, 52 La. Ann. 417; Ponsano v. R. R. Co., 26 South. 820, 52 La. Ann. 245.</p> <p>7. The threatened danger alleged grew out of a misapixrehension. The companion remained where the two were standing before the decedent turned and walked back, and was not hurt.</p> <p>8. The testimony shows that the accident was sudden. The companion of the decedent said, with reference to the latter, “He just turned around for a minute — a second.”</p> <p>The court finds it impossible, in view of the facts, to hold that the motoneer is responsible for the death.</p> <p>(Syllabus by the Court.)</p>