Ponsano v. St. Charles Street Railroad

Citations

• 52 La. Ann. 245

Syllabus

<p>Syllabus.</p> <p>Crossing a trade. Those who drive across railroad tracks, unlike those who, as passengers, submit themselves to the control of the carrier and who are not called upon to do more than remain strictly in their places, must exercise some vigilence and they must not assume unnecessary danger. They must guard against the danger of thoughtlessness and pre-occupation and avoid driving recklessly in order to cross in advance of a coming car.</p> <p>Defendant's alleged negligence. The car was moving at a speed customary where there was no necessity to come to a stop. There was not such a crossing as required the stopping of the car nor the moderating of its speed. It appears that the usual alarm was sounded. The negligence charged is not sustained by the circumstances nor by the weight of the testimony of the witnesses who saw the accident.</p>