Cited by
Opinions in Louisiana that cite Aymond v. Western Union Telegraph Co., 91 So. 671.
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Lowenburg v. Labor Pool of America, Inc.
296 So. 2d 846
La. Ct. App. 4th Cir. 1974
Contributory negligence can never be assumed and must be proven ( , 91 So.
- Gant v. Aetna Casualty & Surety Co. 234 So. 2d 776 La. Ct. App. 1st Cir. 1970
- Aetna Casualty & Surety Co. v. Texas 209 So. 2d 561 La. Ct. App. 1st Cir. 1968
- Simon v. Texas & New Orleans Railroad Company 124 So. 2d 646 La. Ct. App. 3d Cir. 1960
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McCandless v. Southern Bell Telephone & Telegraph Co.
120 So. 2d 501
La. 1960
See, Aymond v. Western Union Telegraph Co., *999 , 91 So.
- Gilliam v. Lumbermens Mutual Casualty Co. 119 So. 2d 657 La. Ct. App. 1st Cir. 1960
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Kern v. Bumpas
102 So. 2d 263
La. Ct. App. 2d Cir. 1958
378 ; Aymond v. Western Union Telegraph Co., 1922, , 91 So.
- Senegal v. Thompson 91 So. 2d 865 La. Ct. App. 1st Cir. 1956
- Lobell ex rel. Hardware Mut. Cas. Co. v. Neal 48 So. 2d 797 La. Ct. App. 1st Cir. 1950
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Matthews v. New Orleans Terminal Co.
45 So. 2d 547
La. Ct. App. 1st Cir. 1950
343 ; Gibbens v. New Orleans Terminal Co., supra; , 91 So.
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Cropper v. Mills
27 So. 2d 764
La. Ct. App. 1st Cir. 1946
189 , , a 13 year old boy was employed as a messenger and, while so engaged, was killed by a train negligently operated by the employees of the railroad company.
- Oubre v. Carondelet Bldg. 14 So. 2d 293 La. Ct. App. 1st Cir. 1943
- Althans v. Toye Bros. Yellow Cab Co. 191 So. 717 La. Ct. App. 1st Cir. 1939
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Dalferes v. Illinois Cent. R. Co.
185 So. 49
La. Ct. App. 1st Cir. 1938
In support of this proposition, the cases of Aymond v. Western Union Telegraph Co. and Texas & Pacific R. R. Co., , 91 So.
- Squyres v. Baldwin 185 So. 14 La. 1938
- Martin v. Yazoo M. R. Co. 181 So. 571 La. Ct. App. 1st Cir. 1938
- Louisiana Power & Light Co. v. Saia 177 So. 238 La. 1937
- Dobrowolski v. Holloway Gravel Co. 173 So. 474 La. Ct. App. 1st Cir. 1937
- Boykin v. Plauche 168 So. 741 La. Ct. App. 1st Cir. 1936
- Robertson v. Missouri Pac. R. Co. 165 So. 527 La. Ct. App. 1st Cir. 1936
- Brown v. Wade 145 So. 790 La. Ct. App. 1st Cir. 1933
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Pearce v. Missouri Pac. R. Co.
143 So. 547
La. Ct. App. 1st Cir. 1932
It may be urged, however, that in this state there are some decisions which would indicate that our courts have not gone to the extent of requiring a person to come to a state of absolute immobility, on reaching a railroad crossing, and in this connection, , 91 So.
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McGehee v. Ashley
137 So. 80
La. Ct. App. 1st Cir. 1931
ssing a railroad track, that must not be accepted so literally as to require a person upon approaching a railroad track to come at once to a position of absolute immobility; but common sense and common practice both indicate that it will suffice for such person to have his own motion so checked and under control that he may stop instantly if need be.” , 91 So.
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Wyatt v. Yazoo & Miss. Valley R. R.
127 So. 479
La. Ct. App. 1st Cir. 1930
In Aymond vs. Western Union, etc., et al., , 91 So.
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Dardenne v. Texas & Pacific Railway Co.
127 So. 458
La. Ct. App. 1st Cir. 1930
In controverting the proposition that a person driving a car must actually stop upon approaching a railroad track, counsel for defendant refers to Aymond vs. Western Union Telegraph Co., , 91 So.
- Thomas v. Shreveport Railways Co. 13 La. App. 212 La. Ct. App. 1st Cir. 1930
- Kern v. Knight 127 So. 133 La. Ct. App. 1st Cir. 1930
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Jacoby v. Gallaher
126 So. 86
La. Ct. App. 1st Cir. 1930
188 , ; Duffy vs. *481 Hickey, 151 La.
- Gibson v. T. & P. Ry. Co. 121 So. 382 La. Ct. App. 1st Cir. 1929
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Stevens v. Illinois Cent. R. R.
6 La. App. 165
La. Ct. App. 1st Cir. 1927
187 , , where it was held that the rule to sto:p before crossing a railroad track, does not require one to come to a position of absolute immobility.
- Rousseau v. Texas & Pacific 4 La. App. 691 La. Ct. App. 5th Cir. 1926
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H. P. Richard & Sons v. Director General of Railroads
107 So. 891
La. 1926
In an application for a rehearing, defendant complains that we have allowed plaintiff, on the amount awarded him, legal interest from judicial demand, and calls our attention to the fact that Division C , 151 La.
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Belden v. Roberts
3 La. App. 338
La. Ct. App. 1st Cir. 1926
The court said: “There Was manifestly negligence on the part of defendant and an amount is due for the injury.” The plaintiff refers to the cases of Aymond vs. Western Union Telegraph Co., , 91 South.
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Gibbens v. New Orleans Terminal Co.
105 So. 367
La. 1925
It was not intended, and the court did not hold, , 91 So.
- Draiss v. Payne 104 So. 487 La. 1925
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Blanchard v. Gulf, Colorado & Santa Fe Railway Co.
1 La. App. 169
La. Ct. App. 1st Cir. 1924
If one can sufficiently see that the way is clear for him to pass without danger, he is justified in going on without stopping, but *178 if the view is obstructed, he should approach cautiously until a view may be had.” In Aymond vs. R. R., , 91 South.
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Williams v. Missouri Pac. R.
99 So. 286
La. 1924
If the injury and death of plaintiff’s child had occurred at a public street crossing under the cireumstancesi and conditions as stated and as disclosed by the record, there could be no sort of doubt of the defendant’s negligence; for, , 91 South.
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Holstead v. Vicksburg, S. & P. Ry. Co.
98 So. 679
La. 1923
The'question propounded is: “Was the plaintiff guilty of contributory negligence in going upon the railroad track under the circumstances and conditions stated, * * * so as to bar his right of recovery?” , 91 South.