Hamilton v. Louisiana & N. W. R.

Citations

• 117 La. 243
• 41 So. 560
• 1906 La. LEXIS 678

Syllabus

<p>1. Railroads — Defective Track — Liabilities. ■ ,</p> <p>Where a railroad company granted to a lumber company the privilege of running a logging train on its roadway, and the train was derailed and the conductor injured by the giving way of a defective bridge, the railroad company is liable in damages.</p> <p>[Ed. Note. — For cases in point, see vol. 41, Cent. Dig. Railroads, £•§ 817, 818.]</p> <p>2. Master and Servant — Injury to Servant.</p> <p>In such a case, the lumber company, not guilty of any default or negligence, and with no supervision or control over the track or knowledge of its condition, is not liable for the injuries sustained by its conductor, who had full knowledge of the situation when he accepted the employment.</p> <p>[Ed. Note. — For cases in point, see vol. 34, Cent. Dig. Master and Servant, § 171; vol 41, Cent. Dig. Railroads, §§ 817, 827.]</p> <p>(Syllabus by the Court.)</p>