BLACK v. TEXAS & PACIFIC RY. CO.

Civ. No. 3308.

108 F.Supp. 443 (1952)

BLACK v. TEXAS & PACIFIC RY. CO.

United States District Court, E. D. Louisiana, New Orleans Division.

November 19, 1952.


Attorney(s) appearing for the Case

Bentley G. Byrnes and Edward A. Wallace, New Orleans, La., for plaintiff.

Phelps, Dunbar, Marks & Claverie and J. Barnwell Phelps, New Orleans, La., for defendant.


WRIGHT, District Judge.

This action arises out of a collision between a freight train being operated by defendant westbound through the City of New Orleans and a tractor and trailer. The impact drove the tractor (truck) and trailer into a second tractor owned by the plaintiff, who sues for the damage thereto. The issue in the case is whether the defendant had the last clear chance to avoid the accident. The issues of fact and law having come on to be heard on the...

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