Stoker v. Hodge Fence & Lumber Co.

Citations

• 116 La. 926
• 41 So. 211
• 1906 La. LEXIS 595

Syllabus

<p>1. Negligence—Bills of Exception—Bills Not Well Taken.</p> <p>The several bills of exceptions touching testimony on trial were reviewed. The grounds of objections afforded no good reason to set aside the decree and remand the case for another trial.</p> <p>2. Same—Charges and Countercharges.</p> <p>Complaints are directed by plaintiff against defendant for bad management in its towing work just preceding the accident, which resulted in his fall and injury. Complaints are directed by defendant against plaintiff of gross negligence of duty just before the accident. After a review of the grounds of these complaints, it appears that the work of neither was model to be followed. The incidents at the time of the casualty were taken up and reviewed. The conclusion arrived at was that there was an open space in the bridge through which, under proper management, it would have been possible for the tug and the towed schooner to have passed.</p> <p>3. Same—Delay.</p> <p>Plaintiff did not delay-in opening the draw of the bridge. Defendant’s towing tug came to the bridge, and would have passed it with the schooner in tow if the usual channel had been followed.</p> <p>4. Same—Impact was Avoidable.</p> <p>The captain of the tug and other employ Ss thereon knew, or must be held to have known, something about the channel. They should have directed all their attention to stay in the channel.</p> <p>5. Same—Hale Opened Bridge.</p> <p>The weight of the testimony does not sustain defendant’s charge that the bridge keepers were closing, instead of opening, the bridge at the moment of the accident.</p> <p>6. Same—Evidence.</p> <p>A 'number of witnesses testified that the drawbridge was half open and there was space to pass. Others testified to the contrary. The district judge, who saw and heard the witnesses, substantially held that it was half open. After having reviewed the testimony, the court discovered no error in this respect.</p> <p>7. Damages—Personal Injuries.</p> <p>In answer