Shamblin v. New Orleans & N. W. R.

Citations

• 114 La. 467
• 38 So. 421
• 1905 La. LEXIS 490

Syllabus

<p>■CARRIERS — IN JURY TO PASSENGER — CONTRIBUTORY NEGLIGENCE.</p> <p>A freight train, in the caboose of which plaintiff was a passenger, having stopped to do some switching, plaintiff, without necessity, left his seat, where he would have been safe, and walked to the door, when he was knocked off his feet by a jolt caused by the making of a coupling, and was injured. The evidence showed that, when such couplings were being made, jolts, such as might throw persons standing in the caboose off their feet, might be looked for, and that a warning of this danger, in large, glaring letters, was posted on the wall of the caboose, and that the plaintiff was in the habit of riding in the caboose. Held that, both from his having ridden before in the caboose, and from the posting of the notice, plaintiff must be presumed to have known of the danger, and that, even though the coupling was negligently made, yet plaintiff cannot recover, because his act in standing up was one of the proximate causes of the accident, and was negligent, constituting contributory negligence.</p> <p>(Syllabus by the Court.)</p>