Weber v. New Orleans & Carrollton Railroad

Citations

• 104 La. 367

Syllabus

<p>Syllabus.</p> <p>1. In a suit for damages for personal injuries, received by being thrown to the ground, in attempting to board a street railway car, while barely moving as it reached the street crossing, plaintiff must show some fault on the part of the employees of the company. Unless fault should be shown, there is no necessity for passing upon an issue as to whether the plaintiff was guilty of contributory negligence in attempting to board the car, under such circumstances, encumbered with articles in her hand, at the time. It has been held, (Ober vs. Crescent City Railroad Company, 44th Annual, 1064) that each case of this kind has to be passed upon, under its special facts.</p>