Litolff v. New Orleans Ry. & Light Co.

Citations

• 124 La. 278
• 50 So. 105
• 1909 La. LEXIS 464

Syllabus

<p>1. Evidence (§ 588*) — Admissions—'Weight of Testimony.</p> <p>The testimony of a witness as to admissions made by an employé immediately after an ac-</p> <p>cident is not entitled to much weight, especially where the witness at the time labored under great excitement.</p> <p>2. Street Railroads (§ 95*) — Collisions— Negligence — Evidence.</p> <p>A child about six years old suddenly started from the sidewalk to run across a street on 'which street cars were operated, when a car was approaching. The car according to some.witnesses was near, and according to others Í0 or 15 feet away. The motorman saw the child start across the street and endeavored to stop the car, which was running at half speed; but he failed to do so, and the car struck the child. The car was stopped within 46 feet. Experienced men testified that a stop of the car within 30 or 50 feet was a good stop. Held, as a matter of law, that the accident did not result from the negligence of the motorman.</p>