Stephens v. Louisiana Long Leaf Lumber Co.

Citations

• 122 La. 547
• 47 So. 887
• 1908 La. LEXIS 497

Syllabus

<p>1.Railroads (§ 256*) — Injuries to Servant —Companies and Persons Liable.</p> <p>There are two companies, and not one. The railroad company was operating for its own account under a charter. It was a separate organization. The charter is not assailed by pleadings. Even if it was not a company operating under a regular charter, the incorpo-rators would be liable as partners, and not the defendant company.1</p> <p>[Ed. Note. — For other cases, see Railroads, Cent. Dig. §§ 789, 700; Dee. Dig. § 256.*]</p> <p>2. Master and Servant (§ 99*) — Injuries to Servant — Persons Liable.</p> <p>The railroad company was not sued. There was no solidarity between the two companies. The acts of negligence alleged were not concurrent, and there was no trespass growing out of a common asserted offense. The company not sued cannot be held liable.</p> <p>One company loaded the car: the other, the railroad company, is a common carrier.</p> <p>The accident happened while the loaded car was in charge of the carrier.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. § 165; Dec. Dig. § 99.*]</p> <p>3. Master and Servant (§ 278*1 — Injuries to Servant — Actions — Evidence — Sueei-cienoy.</p> <p>The preponderance of evidence does not fix the liability of the defendant.</p> <p>LEd. Note. — For other cases, see Master and Servant, Cent. Dig. § 962; Dec. Dig. § 278.*]</p> <p>4. Railroads (§ 32*) — Forfeiture oe Charter — Failure to Complete Road.</p> <p>The fact that part of the road has not been completed does not leave it open to attack as null and void.</p> <p>[Ed. Note. — For other cases, see Railroads, Cent. Dig. § 65; Dec. Dig. § 32.*]</p> <p>5. Liability eor Death of Brakeman.</p> <p>The cars had been properly loaded. The railroad received them, and, if any one was liable, it was the railroad company, and not the defendant.</p> <p>(Syllabus by the Court.)</p>