Monroe v. Eager

Citation131 So. 719,16 La.App. 540
Decision Date05 January 1931
Docket Number13,514
CourtCourt of Appeal of Louisiana (US)
PartiesMONROE v. EAGER

Rehearing Refused February 2, 1931.

Writs of Certiorari and Review Refused by Supreme Court March 30 1931.

Appeal from Civil District Court, Parish of Orleans, Division "C". Hon. E. K. Skinner, Judge.

Action by John Monroe against Mrs. Annie Eager.

There was judgment for plaintiff, and defendant appealed.

Judgment reversed.

Jas. G Schillin, of New Orleans, attorney for plaintiff, appellee.

Spearing McConnell & McClendon, of New Orleans, attorneys for defendant, appellant.

OPINION

JANVIER, J.

On the night before Mardi Gras in the year 1929 plaintiff received injuries as the result of being struck and knocked down by an automobile owned and occupied by defendant. The negligence charged is that the automobile was being operated at a speed greater than was reasonable under the circumstances, and that the driver thereof, a young friend of defendant, was not keeping a proper lookout ahead.

Defendant contends that the driver of her car was not negligent either in the matter of speed or in the matter of keeping a proper lookout, and, in the alternative, avers that, if there was any negligence in either particular above referred to, such was not the proximate cause of the accident, but that such proximate cause was the contributory negligence of the plaintiff, who stepped into the path of the approaching automobile without looking and after there was no longer any opportunity for the driver thereof to avoid striking him.

The evidence shows that the automobile driven by the young friend of defendant and occupied by her and other friends and relatives was on its way downtown, so that the occupants might arrive at a spot convenient to view the Proteus parade that at some street near Louisiana avenue traffic was diverted from St. Charles avenue to Prytania street, and that the automobile of defendant thus turned from St. Charles avenue, proceeded over to Prytania street, and was on its way down that street. In front of it and following it were numerous other automobiles. When it reached a point near the lower side of Third street, the collision occurred. Plaintiff had been walking on Third street from Coliseum street towards St. Charles avenue for the purpose of taking his stand along the route of the Proteus parade, so that he might view it. Apparently he had stepped from the...

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3 cases
  • Dement v. Summer
    • United States
    • United States State Supreme Court of Mississippi
    • February 10, 1936
    ...... . . Coca-Cola. Co. v. Watson, 161 Miss. 108, 120, 134 So. 824;. Hall et al. v. Caughran, 160 Miss. 571, 134 So. 576;. Monroe v. Eager, 131 So. 719; West v. N. Y. Transp. Co., 94 N.Y.S. 426. . . Where. the evidence does not tend to prove the plaintiff's ......
  • Smith v. City of Alexandria
    • United States
    • Court of Appeal of Louisiana (US)
    • January 28, 1938
    ...... [178 So. 739] . of the city, while discharging the duties of his employment. . . The. accident occurred on Monroe street at or about the eastern. side of its intersection with Eighth street. The time was 10. a. m., January 17, 1936. Both streets are paved. ...708, 138 So. 878; Litolff v. New Orleans Ry. & Light Co., 124 La. 278, 50 So. 105; Powers v. Simmons, 7 La.App. 523;. Monroe v. Eager, 16 La.App. 540, 131 So. 719;. Biagi v. New Amsterdam Cas. Co., 151 La. 925, 92 So. 387; Collier v. Frank Varino & Co., 153 La. 636, 96. So. 500; ......
  • Charles v. Sullivant
    • United States
    • Court of Appeal of Louisiana (US)
    • March 18, 1935
    ...... might be expected to come, are applicable here. Folwell. v. Demack Motor Car Co., 144 La. 783, 81 So. 313;. Monroe v. Eager, 16 La.App. 540, 131 So. 719;. Collier v. Frank Varino & Co. et al., 153 La. 636,. 96 So. 500; Hayes v. Gunter Bros. Lumber Co. et al.,. ......

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