McGinn v. New Orleans Ry. & Light Co.

Citations

• 118 La. 811
• 43 So. 450
• 1907 La. LEXIS 814

Syllabus

<p>1.Appeal — Review—Evidence.</p> <p>This suit is one against a railroad company for damages for personal injuries alleged to have been received by the plaintiff through the carelessness and negligence of its employes in the operation of the train. The facts and circumstances connected with the accident have been brought before the Supreme Court as far, presumedly, as each party could, in aid of its own side of the controversy. The court deals with it as a whole, regardless of and without reference to the party by whom the particular testimony was introduced. Ramos Lumber Co. v. Labarre, 40 South. 902, 116 La. 559; Aiken v. South. Pac., 29 South. 1, 104 La. 160.</p> <p>FEd. Note. — For cases in point, see Cent. Dig. voi. 3, Appeal and Error, §§ 3262-3278.]</p> <p>2. Carriers — Injury to Passenger — Presumption op NeGligence.</p> <p>The proposition contended for by plaintiff— that in an action of this character all that the plaintiff bringing it is required to prove is the accident, the fact that she was a passenger, and that she had not been safely placed on the ground at her destination, when the burden shifts to the defendant company to prove that the accident did- not arise from any negligence on its part, or that of its agents or employ6s-“-is too broadly stated. The circumstances surrounding and connected with plaintiff’s accident were of character such as to withdraw against the defendant any presumption of fault or negligence, and it should not be held responsible.</p> <p>TEd. Note. — For cases in point, see Cent Dig. voi. 9, Carriers, §§ 1283-1294.]</p> <p>3. Same — Burden op Pro op.</p> <p>The rigor of the rule announced in article 2754 of the Civil Code touching the burden of proof of carriers is to some degree relaxed in the case of damage to passengers from what it is in reference to things in their care.</p> <p>[Ed. Note. — For cases in point,' see Cent Dig. voi. 9, Carriers, §§ 1283-1294.]</p> <p>(Syllabus by the Court.)</p>