Pitard v. New Orleans Ry. & Light Co.

Citations

• 120 La. 925
• 45 So. 943
• 1908 La. LEXIS 592

Syllabus

<p>1.Carriers — Carriage of Passengers — Taking up Passengers — Personae Injury Case.</p> <p>Plaintiff sought to get aboard of one of defendant’s West End trains, made up of a motor ear and trailer. In the attempt, he was thrown down, bruised, and wounded.</p> <p>2. Same — Signaling Gab to Stop — Place, op Signal.</p> <p>A person who gives the signal to the motorman to stop-should stand at or reasonably near the place at which it is usual to stand in order to hail the car.</p> <p>3. Same — The Moving Train.</p> <p>The motorman and conductor are not held to the necessity of seeing with the view of stopping for those who give the signal while the train is running.</p> <p>4. Same — Contributory Negligence — Boarding Moving Cab — Assuming Risks.</p> <p>It is not negligence to board the car while it is in motion. Those who do it assume some risks which must be taken into account if an accident happens.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 9, Carriers, § 1369.]</p> <p>5. Same — Getting on Trailer.</p> <p>There is greater danger in getting on a trailer of a train than on the cars in front; at the moment that the rate of speed is increased it (the trailer) oscillates from one side to the other, and has a backward and forward motion that renders it more difficult for the one attempting to board to hold on. It is a dead weight, and its movements are not generally as regular as those of the motor car to which it is attached.</p> <p>6. Same — Slowing Down.</p> <p>The train slowed down as usual at one of the large avenues. The act of the passenger in getting on at this time is not considered in the same light as if the attempt had been made at the crossing where the car stops when hailed.</p> <p>7. Same — Motorman and Conductor.</p> <p>The testimony does not show that the motorman or the conductor saw the plaintiff at the time that he made the attempt to get on. Had it been at the stopping place it would have been different, for then it would have been an