Wilson v. Westside Transit Co.
Wilson v. Westside Transit Co.
Opinion of the Court
Plaintiffs, husband and wife, filed this suit for damages which plaintiffs allege were suffered by their four-months-old daughter when the driver of a passenger bus was guilty of negligence in making a sudden stop. After the trial the Second Parish Court, Parish of Jefferson, rendered judgment in favor of defendants. Plaintiffs have appealed.
Plaintiffs’ petition charges the driver with negligence in these four particulars:
“1. Driving at a fast and dangerous rate of speed,
2. In Jamming on their brakes,
3. In that the safety devices on the bus were inoperative,
4. In driving recklessly and carelessly”
Having come to the definite conclusion that no negligence on the part of the bus driver was proven, it is not necessary to review the testimony about the alleged injuries to the child. The testimony about injuries to the child by the plaintiffs is entirely unsupported and we refer to it only as an indication of the utter absurdity of plaintiffs’ case. Both plaintiffs testified that they took the child to Dr. J. V. Greg-oratte who had X-rays made of the baby’s head and told them that the child’s skull was fractured. They said the doctor gave them a prescription but in the meantime told them to “place something like a cold pack on her head and that will probably help her.” The doctor was not called as a witness, though the court gave counsel for plaintiffs a continuance and reassignment of the trial to afford counsel a second opportunity to have the doctor present. Counsel submitted the case without the doctor’s testimony. The trial court was convinced, as .we are, that the case must be dismissed.
For these reasons the judgment of the trial court is affirmed with costs to be paid by plaintiffs.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.