Leveret v. Shreveport Belt Ry. Co.

Citations

• 110 La. 399
• 34 So. 579
• 1903 La. LEXIS 641

Syllabus

<p>CARRIERS — INJURY TO PASSENGER — DEFECTIVE STATION — LIABILITIES.</p> <p>1. Partios embarking on or alighting from railway trains upon the invitation, express or implied, of its officials, are justified in acting upon the assumption that the officials have taken proper precautions to insure their safety.</p> <p>2. Where an accident happens to a passenger by the breaking of one of the railway company’s appliances, the burden is upon it to show affirmatively a condition of things which would exonerate it from liability. A railroad company is bound to know of the effect of time and weather upon its appliances. It should, by proper inspection, and timely changes and renewals, keep them safe.</p> <p>3. Even should a railway company be under no direct obligation to repair or keep in good condition the bridges or streets along its line of way, it should avoid stopping its cars at places where it is not safe for passengers to embark or alight. It should either stop its cars short, or pass them beyond the danger points.</p> <p>4. A railway company which uses as a station for embarking or disembarking its passengers a pavilion constructed upon a street, is liable to a passenger for injuries received from the breaking of a rotten plank in the steps leading to the cars, whether the station was constructed by it or not. It is liable as a licensee.</p> <p>(Syllabus by the Court.)</p>