Mobile Light & Railway Co. v. Hartwell
Cases that cite this one
1 later published case cites this decision.
- Milliken v. Roger (La. 1916)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— The third count of the complaint, added by way of amendment, was not open to the grounds of demurrer interposed, whatever of defect, if any, if might otherwise have possessed.
Issue was joined on the defendant’s ideas of contributory negligence. The evidence without conflict established the pleas, and the court should have given the two written charges requested by the defendant.
The complaint rested upon the initial negligence of the defendant. There was no issue, in the pleading or otherwise, of subsequent negligence after discovery of peril; nor was there any such proof.
For the errors indicated, the judgment is reversed, and the cause remanded.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.