DELTA FIRE & CASUALTY CO. v. TEXAS & PACIFIC RY. CO.

No. 42358.

86 So.2d 681 (1956)

229 La. 710

DELTA FIRE & CASUALTY COMPANY v. TEXAS & PACIFIC RAILWAY COMPANY.

Supreme Court of Louisiana.

March 26, 1956.


Attorney(s) appearing for the Case

Watson, Blanche, Fridge, Wilson, Posner & Thibaut, Baton Rouge, for plaintiff-appellant.

Breazeale, Sachse & Wilson, Baton Rouge, for defendant-appellee.


McCALEB, Justice.

Plaintiff insurance company brought this suit as subrogee of W. H. Gillen to recover $4,495 property damages resulting from an accident in which Gillen's truck and trailer were virtually demolished in a collision with defendant's train. In the lower court the claim was denied on the ground that the truck driver was guilty of the grossest sort of negligence, which was a contributing, if not the sole, cause of the accident. Plaintiff has appealed....

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