Harvey v. Louisiana Western R.

Citations

• 114 La. 1065
• 38 So. 859
• 1905 La. LEXIS 594

Syllabus

<p>RAILROADS — INJURY TO EXPRESS AGENT NEAR TRACK — EVIDENCE—SPEED 03? TRAIN —CARE AT STATIONS.</p> <p>1. Personal injury was the cause of action.</p> <p>2. The questions are mainly of facts.</p> <p>3. Whether the rate of speed was unusual or usual on the night of the accident, the extent of the obstruction in a passageway, the place of the accident at the depot, the. light at the depot, whether sufficient or not, are questions bearing upon the issues.</p> <p>4. The testimony is conflicting. The jury observed the witnesses; saw them while testifying. They must have been familiar with the depot and depot grounds. Some weight must be given to their verdict.</p> <p>5. The railroad company owed it to the employés of the express company to furnish a reasonably safe passageway from the depot to the train.</p> <p>6. A railroad train approaching its depot in a large municipality should moderate its speed.</p> <p>7. Witnesses who notice that the speed is unusually fast on approaching a depot are not discredited by the fact that they are not familiar with the management of a railroad under way.</p> <p>Monroe, J., dissenting.</p> <p>(Syllabus by the Court.)</p>