Scariana v. N. O. Railway & Light Co.

Citations

• 14 Teiss. 16
• 1916 La. App. LEXIS 110

Syllabus

<p>Syllabus.</p> <p>1. A petition which charges plaintiff’s damages to the joint negligence of two defendants and sets forth facts sufficient to constitute a cause of action against both states a cause cf action against both defendants notwithstanding a superfluous allegation to the effect that the negligence of one of the defendants was the “proximate cause” of plaintiff’s injuries.</p> <p>2. The motorman of an electric car, meeting a vehicle coming in an opposite direction, has a right to go forward as soon as the track ahead is clear, and as his - duty requires him to keep watch, forward, a collision at or near the rear end of his car is not attributable to negligence on his part.</p> <p>3. The driver of an animal must see that it keeps its feet so as not to injure others by its stumbling. He must know the nature of the road he travels; and if it offer no safe footing for his animal whilst moving, he should stop to' allow such vehicles to pass him as by their nature cannot move out of his way, such as street cars.</p>