Riley v. Shreveport Traction Co.

Citations

• 114 La. 135
• 38 So. 83
• 1905 La. LEXIS 429

Syllabus

<p>STREET RAILROADS — COLLISION WITH WAGON-EVIDENCE — NEGLIGENCE.</p> <p>1. Those who drive wagons in the streets and seek to cross from one side of the street to the other, should be reasonably careful, and not cross too near, for safety’s sake, a fast approaching car.</p> <p>2. The plaintiff, driver of the wagon, saw the car at a considerable distance away. Instead of driving across after leaving an intersecting street, he turned to the left of the street on which he was, drove a few feet, and then turned to the right, and sought to cross the street diagonally in the direction the electric car was coming. The result was a head-on collision.</p> <p>3. The driver’s testimony in regard to the asserted impediments of the track which prevented him from hastily crossing is not sustained by the allegations of his petition nor by the weight of the testimony.</p> <p>4. The fact that a car runs quite a distance after an accident is not conclusive that there was negligence on the part of the motorman, if the weight of the testimony shows that the car was disabled in the collision, and thereby became uncontrollable, and for that reason slipped many feet on the wet rails.</p> <p>(Syllabus by the Court.)</p>