Sutton v. Lee Logging Co.

Citations

• 121 La. 557
• 46 So. 649
• 1908 La. LEXIS 716

Syllabus

<p>1. Railroads — Injury to Person on Track-Contributory Negligence.</p> <p>In a suit for damages for the death of a person, when the preponderance of the evidence shows that the deceased at the time of the accident was attempting to cross the track immediately in front of defendant’s locomotive and tender moving backwards, held, that the negligence of .the deceased was the proximate cause of the injury, for which the defendant is not responsible, even though its servants were guilty of prior negligence in the operation of the locomotive.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 41, Railroads, §§ 1028, 1296.]</p> <p>2. Negligence — Last Clear Chance.</p> <p>Where the party injured had the last clear chance of avoiding the accident, he cannot recover.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 37, Negligence, § 112.]</p> <p>(Syllabus by the Court.)</p>