Nash v. Canal & Claiborne Railroad

Citations

• 52 La. Ann. 1199

Syllabus

<p>Syllabus.</p> <p>On Motion to Dismiss Appeal.</p> <p>An application to dismiss appeal on the ground that the defendant corporation has made an assignment of its property and franchises, and is no longer a party to the suit, will not be favorably considered when the record discloses that such assignment ivas made several months prior in date to the judgment appealed from, and of whihc appellee made no complaint by appeal, or answer filed in this court.</p> <p>On the Merits.</p> <p>When a stop Is made to permit a passenger to alight, ordinarily, the conductor should be on the platform of the car. The passenger who testified that he was injured in a fail from the car said, in substance, that his fall was occasioned by the brief stop and the abrupt starting of the car. The conductor, seeking to account for his being away from the platform during a stop, was flatly contradicted in several particulars by another employe of the railroad company.</p> <p>The proper manning of the car was not satisfactorily shown in the matter of permitting the passenger to alight. The passenger is, in some respects, corroborated in his account of the fall.</p> <p>The judge of the District Court who saw and heard the witnesses sustained his demand in part. There is always a presumption sustaining a judgment, and as the testimony does not rebut that presumption, and does not indicate wherein there was error, the judgment is affirmed.</p>