Jones v. New Orleans Great Northern R.

Citations

• 122 La. 354
• 47 So. 679
• 1908 La. LEXIS 460

Syllabus

<p>1. Railroads (§ 382*) — Injuries to Drunken Man on Track — Damages.</p> <p>A man who gets drunk, and, at night, stretches himself across the track of a railroad, is guilty of the grossest negligence, which, in case of injury or death, will bar the recovery of damages, except where it is clearly proven that the accident might have been avoided by the exercise of ordinary care on the part of the trainmen after the danger of the situation was, or-should have been, by them discovered. In such a case the law does not exact unusual vigilance or extraordinary promptness or all possible precautions on the part of the railroad.</p> <p>[Ed. Note. — For other cases, see Railroads, Cent. Dig. § 1304; Dec. Dig. § 382.*]</p> <p>2. Appeal and Error (§ 995*) — Review—Depositions.</p> <p>The Supreme Court is as well qualified as the jury to consider the deposition of a witness taken out of court before the trial of the cause.</p> <p>[Ed. Note. — For other eases, see Appeal and Error, Cent. Dig. §§ 3907-3911; Dee. Dig. § 995.*]</p> <p>(Syllabus by the Court.)</p>