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Sweeney vs. Murphy. 32 An., 628..

Viana, 11 An., 297

Von Hoven, 46 An., 920 921

Webre, 35 An., 206

Supreme Commandery vs. Ainsworth, 71 Ala., 436.

Swain vs. Samson, 6 An., 799...

Swearingen vs. Swearingen, 19 Ga., 267.

Sweet's Dict. Knox' Estate, 131 Pa. St., 230.

Sweet vs. Otis, 6 An.

Swift vs. Tyson, 16 Peters, 20

724

931

711

.1206

815

842

365

1546

943

434

Swindler vs. Peyroux, 5 La., 468...

.413, 540

Tagiasco vs. Molinari's Heirs, 9 La., 521

1543, 1546

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Thompson vs. The Julius D. Morton, 2 Ohio (St.), 26

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Tucker vs. R. R. Co., 42 An., 114

914 .707, 708 413, 541

356

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391

1437

Eckford, 1 How., 250

Lee, 106 U. S., 222.

Tutorship of Francis Hacket, 4 Rob., 290.

United States vs. Corrie, 1 Brummer's Collected Cases, 986.

Lee, 4 McLean, 103

423

131

257

128

898

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Walker vs. Villavaso, 15 An., 717.

Walker & McVean vs. Dohan, 39 An., 743.
Wallace vs. Glover, 3 Rob., 413....

Walsh vs. The People, 65 Ill., 58-62.
Ware vs. Jones, 19 La., 430...

Waring vs. The Mayor, 8 Wall., 110, 123.
Warner vs. Clark & Co., 45 An., 863, 870.

Warnock vs. Davis, 104 U. S., 779.
Washburne vs. City, 43 An., 226.
Washington vs. State, 58 Ala., 355.
Watson vs. Pipes, 22 Miss.. 466.
Watson vs. Walter, L. R. 4. Q. B., 73..
Wattingham vs. State, 5 Sneeds, 64, 68.
Webb vs. Keller, 26 An., 596..

Webb vs. Keller, 39 An., 35..

126

72

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398

174

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548

352, 353

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347

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Webb vs. Keller, 39 An., 56.

Weber vs. Coussy, 12 An., 536.

Weil vs. Insurance Company, 40 An., 135..

Welsh vs. Barrow, 9 Rob., 535.

Federal Reporter, 287.

Wethereow vs. Croslin, 24 An., 128.

Western Land and Emigration Company vs. Guinault, Recorder, 38

Wheeler vs. Shields, 2 Scappe (Ill.), 348.

Wheelwright vs. St. Louis, New Orleans and Ocean Canal and Trans

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Snider vs. Railroad Co.

George L. Bright for Plaintiff, Appellant.

John M. Bonner for Defendant, Appellee.

Argued and submitted May 23, 1895.
Opinion handed down November 18, 1895.
Rehearing refused January 6, 1896.

Flaintiff demands a judgment for fifty thousand dollars damages, for an injury received by the wheels of one of the cars belonging to and operated by the defendants running over and crushing his foot, thereby necessitating the amputation of his leg.

The plaintiff had been for many years a plumber and gas fitter in the city of New Orleans. The defendants were engaged in running a line of street cars, propelled by electricity from Canal street, on Baronne street and St. Charles avenue, to a point in the Seventh District of the city of New Orleans. On the morning of March 22, 1893, plaintiff, driving a wagon, attempted to cross the tracks of defendants' road at Josephine street to the river side of St. Charles avenue, and whilst so attempting he was run against by the electric car of the defendants; his horse was seriously injured and damaged, his wagon was broken, himself thrown to the ground and the car ran over his right foot and mashed it. He was taken to the hospital and there, on the same day, his leg was amputated near the knee. The plaintiff declares that he suffered great mental and physical pain and would continue to suffer for a long time, and had been very helpless and would be unable thereafter to follow his occupation and trade of a plumber and fitter of gas fixtures. That he had incurred great expense for medicines, medical and surgical attendance. That he was thus injured and damaged without any negligence on his part; that the injury, damage and accident was caused wholly by the want of care, the ignorance, negligence, unfitness and recklessness of the defendants and their emyloyees, who were in charge of the car at the time, and also by the imperfeet and defective equipment of the car; that the persons in charge of the

Snider vs. Railroad Co.

car could have avoided the accident had they used proper care and diligence.

The case was four times tried-three times before a jury and finally before the court without a jury. On the first trial the jury, not being able to agree, were discharged. On the second trial a verdict for plaintiff for ten thousand dollars was returned, the jury standing ten to two. A motion for a new trial, on the ground that the verdict was contrary to the law and the evidence, having been granted, the jury on the third trial, by a vote of nine to three, found a verdict for fifteen thousand dollars for the plaintiff. This verdict

was, on motion, set aside by the court on the same grounds as were assigned against the second verdict.

Plaintiff then waived a jury and judgment was rendered by the court on the fourth trial in favor of defendants, and plaintiff appealed.

The opinion of the court was delivered by

NICHOLLS, C. J. The defendants own and operate a line of electric cars in the city of New Orleans, with double tracks. The tracks, which commence at the intersection of Baronne and Canal streets, turn to the left toward the Mississippi river at Delord street, continue on that street until they reach St. Charles avenue, when they turn into the avenue and extend to what was formerly the village of Carrollton. In connection with the main line are two branches, one at the intersection of St. Charles avenue and Jackson avenue, the other at the intersection of St. Charles avenue and Napoleon avenue. All the cars in going up-that is, from Canal street to Carrolltonrun up the right hand track, and in coming down to Canal street they take the other or left hand track.

The cars which go through to Carrollton are painted green; those which turn off at Jackson avenue and go to the river on that avenue are painted red, and those on the Napoleon avenue branch are yellow. The branch cars do not simply make connection at Jackson and Napoleon avenues, but run through to Canal street. St. Charles avenue is made up o: two streets, separated from each other through their length by a strip of land of some width, known as the "neutral ground." Defendants' double parallel tracks are on this neutral ground. The side of St. Charles avenue next to the right hand track

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