Learned & Koontz v. Texas & P. Ry. Co.
Learned & Koontz v. Texas & P. Ry. Co.
Opinion of the Court
Plaintiff sues for the value of several head of cattle killed at different times by the defendant railroad, the aggregate amount being $298, an amount within the jurisdiction of both the district court and the Court of Appeal, but the value of the animals killed at no one time being sufficient to confer jurisdiction upon either of those courts.
As to the cumulation of separate causes of action, the Code of Practice (article 151) expressly authorizes it:
“Art. 151. If the plaintiff has several causes of action tending to the same conclusion, not contrary, to nor exclusive of each other, though they arise from different contracts, he may cumulate and bring them in the same suit; as, for example, if one claim from another one hundred dollars in virtue of a sale, and one thousand dollars in virtue of a loan, or if he claim a movable from another both by inheritance and by purchase.”
In State ex rel. Sorrel v. Judge, 106 La, 425, 31 South. 57, that exact point was pass: ed on; the court holding that, in view of
“An act malting it sufficient for plaintiffs and owners jo recover in suits against railroad companies for loss of stock killed or injured by railroads, to prove the killing or injury, unless it be shown by the defendant company that the killing or injury was not the result of fault or carelessness on their part, or the negligent or indifferent running or management of their locomotives or trains.
“Sec. 1. Be it enacted by the General Assembly of the State of Louisiana, that in suits against railroad companies for the loss of stock killed or injured by them, it shall be sufficient in order for the plaintiff and owner to recover, to prove the killing or injury, unless it be shown by the defendant company that the killing or injury was not the result of fault or carelessness on their part or the negligent or indifferent running or management of their locomotives or trains.”
The said act is not a special law, but a general law, since it applies throughout the state and to all railroads; and it does not discriminate invidiously between persons, since it merely makes a change in the rules of procedure and evidence in a particular class of cases, makes provision, presumably in the public interest, for an exceptional class of cases, because, presumably, of their exceptional character.
The judgment of the Court of Appeal is affirmed, at the cost of relator.
Reference
- Full Case Name
- LEARNED & KOONTZ v. TEXAS & P. RY. CO. In re TEXAS & P. RY. CO.
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- (Syllabus by Editorial Staff.) 1. Action (§ 45*) — Joinder oe Causes — Cumulation. Under Code Prac. art. 151, providing that if plaintiff has several causes of action tending to the same conclusion, not contrary to or exclusive of each other, though they arise from different contracts, he may cumulate and bring them in the same suit, plaintiff may cumulate in one petition causes of action against a railroad for cattle killed at different times. [Ed. Note. — For other cases, see Action, Cent. Dig. §§ 378-448; Dec. Dig. § 45.*] 2. Courts (§ 121*) — Jurisdiction — Amount in Controversy. Where several demands are cumulated in one suit as authorized by Code Prac. art. 151, the aggregate amount is the amount in dispute under Const, arts. 85, 109, regulating jurisdiction. [Ed. Note. — For other cases, see Courts, Cent. Dig. § 417; Dee. Dig. § 121.*] 3. Railroads (f 439*) — Injuries to Stock-Complaint —Negligence — Necessity eor Alleging. Under Act No. 70 of 1886, § 1, providing that in suits against railroads for the killing, etc., of stock, it shall suffice in order to recover to prove the killing or injury, unless defendant shows that it was not the result of carelessness on its part, an allegation of negligence on defendant’s part is not necessary in such actions. [Ed. Note. — For other cases, see Railroads, Dec. Dig. § 439.*] 4. Constitutional Law (§ 249*) — “Equal Protection oe Laws.” Act No. 70 of 1886, § 1, which provides that in suits against railroads for the killing, etc., of stock, it shall suffice in order to recover to prove the killing or injury unless defendant shows that it did not result from carelessness on its part, etc., does not contravene Const. U. S. Amend. 14, § 1, as denying to railroads the equal protection of the laws. [Ed. Note.—For other cases, see Constitutional Law, Cent. Dig. § 710; Dec. Dig. § 249.* For other definitions, see Words and Phrases, vol. 3, pp. 2423-2426.] 5. Statutes (§ 85*)—“Special Law”—Constitutional Provisions. Act No. 70 of 1886, § 1, which provides that in suits against railroads for the killing, etc., of stock, it shall suffice in order to recover to prove the killing or injury unless defendant shows that it did not result from carelessness on its part, etc., is a general law applying throughout the state and to all railroads, and, since it merely makes a change in the rules of procedure and evidence in a particular class of cases, does not discriminate invidiously between persons, and hence does not contravene Const, art. 48, §§ 15, l8, forbidding the passage of local or special laws regulating the practice of courts or changing the rules of evidence. [Ed. Note.—For other cases, see Statutes, Cent. Dig. § 94; Dec. Dig. § 85.* For other definitions, see Words and 'Phrases, vol. 7, pp. 6577-6584; vol. 8, p. 7802.] 6. Constitutional Law (§ 109*) — Vested Rights — Rules op Procedure and Evidence. Rules of procedure and evidence are within legislative control, and change in them does not affect vested rights. [Ed. Note.—For other cases, see Constitutional Law, Cent. Dig. §§ 260-263; Dec. Dig. § 109.*]