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 Thompson vs. The Julius D. Morton, 2 Ohio (St.), 26 Tucker vs. R. R. Co., 42 An., 114 914 .707, 708 413, 541 356 .1049 1049 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 Walker vs. Villavaso, 15 An., 717. Walker & McVean vs. Dohan, 39 An., 743. Walsh vs. The People, 65 Ill., 58-62. Waring vs. The Mayor, 8 Wall., 110, 123. Warnock vs. Davis, 104 U. S., 779. Webb vs. Keller, 39 An., 35.. 126 72 .1207, 1211 758 398 174 458 548 352, 353 .1546 724 347 ..886, 887, 889 .1496 .1176, 1180 .946, 949 460 74 1206 .1538 658 754, 757, 758 .1477 .1480 1546 .1131 71 600 800 600 .984, 989 .760, 762 703 .894, 895 1339 916 607 128 815 704, 705 458 .1264 232, 233 15 673 1050 244 423 703 1215 932 ..1044 85 261 .85, 590 1140 1224 1336 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 Snider vs. Railroad Co. George L. Bright for Plaintiff, Appellant. John M. Bonner for Defendant, Appellee. Argued and submitted May 23, 1895. 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 |