Tatje v. Frawley

Citations

• 52 La. Ann. 884

Syllabus

<p>Syllabus.</p> <p>Though a contractor, -who had contracted with the city of New Orleans to cover with iron plates the open gutter running along the uptown sidewalk of Gravier street from Carondelet street to the edge of the bridge crossing that gutter from one side of Baronne street to the other, should have placed a red light at the edge of his only partially completed work at the corner of the streets, to show that there was still an open gutter space on the extension of the line of plates, he is not legally liable to an old resident of the city who falls Into this open space when running at night along this line of plates with his eyes fixed upon a car approaching on Baronne street instead of looking out for the open gutter spaces, which, from his familiarity with the usual situation at the corners of intersecting streets, he should have expected to find, and must have anticipated finding there.</p> <p>If he thought he was walking upon the sidewalk as argued, he must have expected to find either an open gutter directly in his path, and in front of him, or an open space somewhere upon his right.</p> <p>Contributory negligence bars recovery.</p>