Ortolano v. Morgan's L. & T. R. & S. S. Co.

Citations

• 109 La. 902
• 33 So. 914
• 1903 La. LEXIS 451

Syllabus

<p>INTEREST — ACTION FOR TORT — ACCIDENT AT CROSSING — SIGNALS—NECESSARY PRECAUTIONS.</p> <p>1. Interest should ordinarily be allowed on a judgment liquidating the damages in an action for tort from its date, and not from judicial demand.</p> <p>2. Where obstructions (specially those placed there by the railroad company itself) near the lines of railroad tracks mask parties who are at or near or approaching them from the view of engineers or firemen upon trains, it is the duty of the company to see that special precautionary steps be taken to guard against increased danger arising therefrom. This is particularly required and exacted when approaching crossings (either public or private), when there are reasons to believe that there may be persons in exposed positions at or near the track.</p> <p>3. The fact that the happening of an accident could not be averted by the stopping of a train is no excuse why proper signals and warnings from the train to the parties in danger should not have been given.</p> <p>4. Parties in charge of a railroad train do not discharge their whole duty by pursuing the regulation methods of giving notice and warning at a particular time or place where special circumstances call for additional warnings and signals. The precautions to be adopted and the steps to be taken in aid of safety increase as the danger of accident and injury is increased.</p> <p>(Syllabus by the Court.)</p>