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· 6/19/1905

McDonnell v. New Orleans Cypress Co.

Citations

  • 115 La. 68
  • 38 So. 896
  • 1905 La. LEXIS 616

Syllabus

<p>NEGLIGENCE — BURDEN ON PROOF1 — APPEAL— CONFLICTING EVIDENCE.</p> <p>Where plaintiff, the night watchman of a paving contractor, was injured by the fall of lumber from a wagon of defendant, while being unloaded by the driver in the usual manner, and plaintiff and the driver were the only witnesses of the accident, held, that the burden of proving the negligence of the driver rested on plaintiff, and that, where the evidence was conflicting, the judgment below, based on the opinion of the trial judge as to the credibility of the witnesses, should not be disturbed.</p> <p>Provosty, *J., dissenting.</p> <p>(Syllabus by the Court.)</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “Defendant does not dispute that federal law requires it perform the Subtraction Recalculation.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Land, Provostt

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