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

Citations

• 115 La. 138
• 38 So. 943
• 1905 La. LEXIS 631

Syllabus

<p>NAVIGABLE WATERS — INJURY TO DRAWBRIDGE-NEGLIGENCE — LIABILITY—PROXIMATE CAUSE — DAMAGES.</p> <p>1. Where a railroad drawbridge over a navigable stream was negligently broken by running a freight train thereon when the draw was not closed, and navigation thereby interrupted for 3% months, held, that the company is responsible in damages to private individuals specially injured thereby.</p> <p>2. Where in such case the usual navigable channel was closed to steamboats by the half of the span, which remained stationary, and the company drove piling across the other channel for the purpose of repairing the structure and facilitating traffic, held, that the original negligent breaking, and not the work of reparation, was the primary and paramount cause of the injury.</p> <p>3. Where the obstruction to navigation was such that barges could pass, but steamboats could not, held, that the additional expense of an extra steamboat should be allowed as damages.</p> <p>(.Syllabus by the Court.)</p>