Jones v. New Orleans Ry. & Light Co.

Citations

• 123 La. 1060
• 49 So. 706
• 1909 La. LEXIS 820

Syllabus

<p>Carriers (§ 303*) — Street Railroads — Injury to Passenger Alighting erom Car.</p> <p>This is a suit for damages for personal injuries alleged to have been received through the fault of the defendant company. The injury to the plaintiff was the result of the failure by the motorman of an upgoing car on Freret street to comply with the provisions of an ordinance passed by the city council of the city of New Orleans in the exercise of the police power for the protection of the lives and limbs of citizens. Through this ordinance it was sought to prevent one car from passing a car on a parallel track on the same street (which had stopped to permit a passenger to alight from it) until the passenger so alighting from it should have had time to cross the other track if he so desired. The ordinance so referred to was not enacted in the interest of any particular person, but in that of the general public, known not to be as careful as the danger of the situation would require, and to protect the citizens from the consequences of their own imprudence or forgetfulness. It is the duty of the court to see that ordinances enacted for the public safety should be rigidly enforced in aid of the remedy for the mischief ■sought to be guarded against.</p> <p>[Ed. Note. — For other cases, see Carriers, Dee. Dig. § 303.*]</p> <p>(Syllabus by the Court.)</p>