Lowenthal v. Vicksburg, S. & P. Ry. Co.

Citations

• 117 La. 1007
• 42 So. 483
• 1906 La. LEXIS 811

Syllabus

<p>1. Carriers — Injury to Passenger — Evidence.</p> <p>The suit was for damages.</p> <p>The plaintiff was injured in a wreck caused by the derailment of a number of cars of defendant’s train.</p> <p>A broken wheel was the cause of the accident.</p> <p>The car in which plaintiff was a passenger did not leave the track. Her contention is that she was injured in the break-up by the shock and jostle.</p> <p>Passengers and employes of defendant did not see her at the moment. They were not injured, and felt no great shock. It is fair to presume that they had their own safety in view, and did not observe very closely. Plaintiff testified that she was injured. She is not' • directly contradicted.</p> <p>There was a crack in one of the wheels which should have been found. It was not, although inspection was made a very short time before the accident. It was not a latent defect such as no reasonable care or skill could discover.</p> <p>2. Damages — Evidence — Corroborating Facts.</p> <p>The testimony of plaintiff finds support in her physieial condition since the accident. Physicians testify that her illness is traumatic neurasthenia, caused (it is the weight of the testimony of the physicians) by the accident.</p> <p>TEd. Note. — For cases in point, see Cent. Dig. vol. 9, Carriers, § 1177.]</p> <p>(Syllabus by the Court.)</p>