Trenchard v. New Orleans Ry. & Light Co.

Citations

• 123 La. 36
• 48 So. 575
• 1908 La. LEXIS 613

Syllabus

<p>1. Appeal and Error (§ 62*) — Jurisdiction— Jurisdictional Amount.</p> <p>The right granted by law to a party to appeal to a particular court in the matter of a demand brought against him is not prejudiced by a remittitur made on that demand by the claimant after a verdict therein has been returned by the jury to which it has been submitted; remittiturs being considered in the light of “discontinuances,” while verdicts of juries quoad the effect of remittiturs upon the right of appeal are assimilated to “judgments of court.”</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 298-300; Dec. Dig. § 62.*]</p> <p>(Syllabus by the Court.)</p> <p>On the Merits.</p> <p>2. Municipal Corporations (§ 705*) — Negligence — Damages — Leaving I-Iorse Unhitched.</p> <p>Where a horse attached to a wagon was left standing unhitched in a public street and ran away and collided with a street ear, whereby plaintiff was injured the owner of the horse was liable for damage caused, under Civ. Code, art. 2321..</p> <p>[Ed. Note. — For other cases, see Municipal Corporations, Cent. Dig. § 1516: Dec. Dig. § 705.*]</p> <p>3. Carriers (§ 318*) — Negligence op Motorman — Evidence.</p> <p>A motorman held not negligent for failing to bring his car to a full stop on seeing a wagon on the side of the street without a driver, where the horse takes fright and collides with the street ear, and a person, an employe, thereon is injured.</p> <p>[Ed. Note. — For other cases, see Carriers, Dec. Dig. § 318.*]</p>