Schmidt v. New Orleans Rys. Co.

Citations

• 116 La. 311
• 40 So. 714
• 1906 La. LEXIS 500

Syllabus

<p>1. Carriers—Injury to Passengers—Street Railroads—Neglect of Conductors.</p> <p>The defendant railway company, by its •act of incorporation, came under certain legal obligations for the safety and protection of the public, and particularly of its passengers. It had for that purpose to act through its employés, for whose acts it was responsible. The •conductor of a street car represents the street railway company. The company cannot free itself from che obligations referred to by failing to give its conductors full and specific instructions or by restricting the limit and extent of their authority, so as to disable them from properly performing duties which it is inherently necessary and essential they should have to carry out to the extent of legal requirements of the functions of the positions in which they are placed. It cannot, by merely enjoining upon the conductors to perform their duties cautiously, prudently, and well, break the effect of their failure to comply with these instructions; nor can it, by throwing the instructions into the form of prohibitory orders, alter the legal scope of their powers, duties, and authority. These are matters which it cannot lessen and make to fall below the limit of authority affixed by the law to the positions themselves.</p> <p>[Ed. Note.—For cases in point, see vol. 9, Cent. Dig. Carriers, §§ 1119-1124.]</p> <p>2. Same—Arrest of Passenger.</p> <p>The conductor of a street car invited a police officer to come upon his car, saying there was a pickpocket upon it. After he entered the conductor pointed out to him one of the passengers on the car as being such. The policeman arrested the passenger, took him off the car short of his destination, marched him under arrest through a crowded street, and sent him in a patrol wagon to a police station, where he was detained several hours and then released without any charge having been preferred against him. He was shown to be a man of good character and position.</p> <p>3. Same—Li