Mahnke v. New Orleans City & Lake Railroad

Citations

• 104 La. 411

Syllabus

<p>Syllabus.</p> <p>I. There is no rule of law which obliges a person upon the highway to keep his eye. under all circumstances, constantly upon the road before him that he may avoid injury from any defect therein; he may, ordinarily, presume that the road is in fit condition to travel; in other words, he is not obliged to presume negligence on the part of those whose duty it is to keep the highway in repair.</p> <p>2. Railway companies, who as part consideration for the acquisition of the franchise of running ears through the streets of a city, have bound themselves by contract, to pave'and keep in repair the streets between their rails, are held by stricter rules to the performance of their duty than are the municipal corporations themselves in the performance of their own obligations in this respect, to the general public.</p>