May v. Texas & P. Ry. Co.

Citations

• 123 La. 647
• 49 So. 272
• 1909 La. LEXIS 761

Syllabus

<p>1. Railroads (§ 373*) — Injuries to Persons on Track — Rate oe Speed.</p> <p>The defendant was negligent by running its train at a too rapid rate of speed, and in not respecting the ordinance of the municipality.</p> <p>[Ed. Note. — For other eases, see Railroads, Cent. Dig. § 1270; Dec. Dig. § 373.*]</p> <p>2. Railroads (§ 383*) — Injuries to Persons on Track — Contributory Negligence.,</p> <p>The plaintiff was not careful. He suddenly stepped from the track he was pursuing to the track on which the train was advancing at a rapid rate of speed.</p> <p>[Ed. Note. — For other cases, see Railroads, Cent. Dig. § 1305; Dec. Dig. § 383.*]</p> <p>3. Proximate Cause.</p> <p>There was no act of negligence committed by the trainmen after the plaintiff stepped on the trade.</p> <p>4. Contributory Negligence.</p> <p>The proximate cause was his heedlessly stepping on the track while the train was dangerously near.</p> <p>5. Contributory Negligence.</p> <p>Had plaintiff exercised ordinary care, he might have avoided the consequences.</p> <p>6. Railroads (§ 387*) — Injuries to Persons on Track — Contributory Negligence.</p> <p>He was the last at fault.</p> <p>[Ed. Note. — For other cases, see Railroads, Cent. Dig. §§ 1314, 1315; Dec. Dig. § 387.*]</p> <p>7. Railroads (§ 383*) — Injuries to Persons on Track — Contributory Negligence.</p> <p>There are occasions when it becomes the duty of the pedestrian to look and listen before stepping on the track.</p> <p>[Ed. Note. — For other cases, see Railroads, Cent. Dig. § 1305; Dec. Dig. § 383.*]</p> <p>Nicholls, J., dissenting.</p> <p>(Syllabus by the Court.)</p>