Rice v. Crescent City Railroad

Citations

• 51 La. Ann. 108
• 24 So. 791
• 1899 La. LEXIS 375

Syllabus

<p>Syllabus.</p> <p>a. A plaintiff's act or omission when only a remote cause, or a mere antecedent occasion or condition of the injury inflicted, is considered not to be contributory negligence.</p> <p>.2. A child oí three and a half years is, of itself, incapable of contributory negligence.</p> <p>3. No man should be in charge of an electric car as motorneer, running along populous thoroughfares of a city, who has not the full and complete use and sight of both eyes.</p> <p>4. No doctrine or rule exists here that the negligence or imprudence of a plaintiff, while not of the proximate character to defeat his recovery, may yet be looked to by the jury or court in mitigation of damages.</p> <p>•5. Nevertheless, this court has constantly exercised its reasonable discretion of increasing or diminishing the sums awarded for damages, according as its judgment, operating on the facts, prompted in given cases.</p> <p>■6. It has never been the intention to fix by rule specific sums for different classes of injuries, nor for varying grades and duration of anguish and suffering. ,</p> <p>'7. In this respect, each case is considered independently on its merits and on the state of facts peculiar to it, a due regard, however, being always had to the proper observance of a reasonable uniformity of jurisprudence on general lines.</p>