No. 13724 Precedential Processed

Bacon v. New Orleans Public Service, Inc.

Louisiana Court of Appeal, First Circuit · Filed November 30, 1931 · 137 So. 866

Also decided on this docket: La. Ct. App. 1st Cir., November 10, 1980 393 So. 2d 220; La. Ct. App. 1st Cir., October 19, 1931 137 So. 213

Authorities cited

Identified automatically; this list may not be exhaustive.

Opinion text

PER CURIAM. Counsel for defendant insists that'we were in error in holding that the boy, on whose behalf this suit was brought, was not contribu-torily negligent in riding on the front platform of defendant’s street car at the time of the accident. Conceding that the boy was negligent, a violent assumption, nevertheless his presence on the platform, even though negligent, had no causal connection with the accident, which we have found to be due entirely to the joint negligence of the motorman of the street car and the truck driver. Stout v. Lewis, 11 La. App. 503 , 123 So. 346 . Plaintiff has asked for an increase in the award, and, after due consideration and for the reasons expressed in our original opinion, we have concluded not to disturb the original amount allowed. For these reasons both applications for re- ‘ hearing are denied. Rehearing refused.