Kramer v. New Orleans, City & Lake Railroad

Citations

• 51 La. Ann. 1689
• 26 So. 411
• 1899 La. LEXIS 610

Syllabus

<p>Syllabus.</p> <p>The plaintiff in a suit for damages against a railroad company for injuries caused by defendant’s car running over him, shown to have been alongside , or in a position close to the track, with his legs across the nearest rail, and in that condition receiving his injuries, must, in order to recover, show with reasonable certainty that notwithstanding his gross imprudence in thus exposing himself to peril, the defendant’s motorman could, by the exercise of ordinary care, have averted the accident. 2nd Thompson on Negligence, 1105, §1, pp. 1157, 1158; Pierce on R. R., p. 330; Patterson’s R. R. Accident Law, pp. 51, 55, 61; 144th U. S., 439 and line of authorities there cited; McGuire vs. R. R., 46th Ann., 1543.</p>