TEXAS & PACIFIC RY. CO. v. BLACK

No. 14397.

203 F.2d 574 (1953)

TEXAS & PACIFIC RY. CO. v. BLACK et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 27, 1953.


Attorney(s) appearing for the Case

J. Barnwell Phelps, New Orleans, La., Phelps, Dunbar, Marks & Claverie, New Orleans, La., (Blake West, New Orleans, La., of counsel), for appellant, Texas & Pacific Railway Co.

Bentley G. Byrnes, New Orleans, La., Edward A. Wallace, New Orleans, La., for appellee, R. Q. Black, D/B/A Superior Trucking Co.

Before HOLMES, STRUM and RIVES, Circuit Judges.


STRUM, Circuit Judge.

This is an action to recover the value of a Reo truck alleged to have been destroyed by the negligence of the appellant railway, which was defendant below.

Between 5:30 and 5:45 p. m. on January 8, 1951, defendant's train consisting of 46 cars of bananas and a caboose, drawn by a steam locomotive, was proceeding westerly from downtown New Orleans at a speed of about 16 miles per hour, along the main line track of the New Orleans Public...

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