Luke v. Morgan's La. & Texas R. R. & S. S. Co.

Citations

• 10 Teiss. 239
• 1913 La. App. LEXIS 66

Syllabus

<p>Syllabus.</p> <p>1. A carrier sued for the killing of stock overcomes the presumption of negligence arising under Act 70 of 1886, by showing that its train was properly equipped; that the engineer- and crew were exercising due care and diligence, and that an attempt to avoid the accident, even if successful,. would have involved the risk of seriously imperiling the safety of the passengers.</p> <p>2. Under Act 110 of 1886 the failure of a railroad to maintain its ■ cattle guards in good order does not constitute negligence, the effect of such failure being merely to impose upon it the burden of proving that injury to stock was not caused by its negligence.</p> <p>3. Where the liability of one person is alleged to rest exclusively upon his responsibility for the negligent act of another, proof of the latter’s freedom from negligence discharges the former.</p>