Navailles v. Dielmann

Citations

• 124 La. 421
• 50 So. 449
• 1909 La. LEXIS 482

Syllabus

<p>1. Municipal Corporations (§ 705*) — Streets — Injuries to Pedestrians — Collisions — Negligence.</p> <p>Where a beginner in the management of an automobile concentrated his attention on a curve which he was executing, and not on what was ahead of him, and did not see a pedestrian until he was right on her, and he then failed to stop, as he could have done, within a foot or two, but ran his machine some eight feet after he had knocked the pedestrian down, the juridical cause of the accident was his inattention to what was ahead of him in the street, combined with his lack of skill in the management of the machine, authorizing a récovery.</p> <p>2. Municipal Corporations (§ 705*)— Streets — Injuries to Pedestrians — Collisions — Negligence.</p> <p>Where a pedestrian, struck by an automobile, had time to run from a point 3 feet from the east gutter of a street about 29 feet wide to a point beyond the middle of the street, and beyond the automobile, which was on the west side of the street, a competent operator had ample time in which to stop, and the cause of the accident to the pedestrian was the fault of the operator in venturing on the streets without knowing how to make an emergency stop.</p> <p>3. Municipal Corporations (§ 705*) — Streets — Injuries to Pedestrian — Voluntary Acts — Acts Resulting ebom Terror.</p> <p>The act of a pedestrian in running in front of an automobile as a result of terror, caused by discovering the automobile near him, is not voluntary, and it is not negligence.</p> <p>4. Municipal Corporations (§ 705*) — Streets — Injuries to Pedestrian — Collisions — Negligence.</p> <p>Where a pedestrian, because of terror, ran in front of an automobile, and the operator saw the danger to the pedestrian in time to avoid the accident by stopping, but he failed to do so, and ran over the pedestrian, the operator was liable under the last chance doctrine.</p> <p>5. Municipal Corporations (§ 706*) — Streets — Collisions — Petition — Sufficiency.</p> <p>