Spurlock v. Shreveport Traction Co.

Citations

• 118 La. 1
• 42 So. 575
• 1906 La. LEXIS 826

Syllabus

<p>1. Carriers — Injury to Passenger — Burden oe Prgoe.</p> <p>The burden of proof is on the carrier to show why the contract of safe carriage was not fulfilled. Thus, where a passenger fell from' the platform of. a street ear and was killed, in consequence of the gate not being securely fastened, the question being as to whether the gate had been insecurely latched or was unlatched by the passenger himself, the burden of proof lies on the car company.</p> <p>(Ed. Note. — For cases in point, see Cent. Dig. vol. 9, Carriers, §§ 1283, 1290.]</p> <p>2. Evidence — Demonstrative Evidence.</p> <p>AVhcn a question arises as to the working of a mechanical device, for instance, as to whether it was possible for a certain link to stay insecurely on a certain knob, the safer plan is to produce the device itself in court and demonstrate its operation.</p> <p>(Ed. Note. — For cases in point, see Cent. Dig. voí. 20, Evidence, §§ 679, 680.]</p> <p>(Syllabus by the Court.)</p>