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BAXTER v. TEXAS & PACIFIC RAILWAY COMPANY

No. 20952.

102 So.2d 97 (1958)

Ezekial BAXTER v. The TEXAS & PACIFIC RAILWAY COMPANY et al.

Court of Appeal of Louisiana, Orleans.

Rehearing Denied April 28, 1958.

Writ of Certiorari Denied May 26, 1958.

Attorney(s) appearing for the Case

Antoine J. Kling, Jr., Gonzales, for plaintiff and appellee.

John E. Fleury, Gretna, for Texas & Pac. R. Co., defendant and appellant.

Lemle & Kelleher and H. Martin Hunley, Jr., New Orleans, amici curiae.

May & Carrere and Hermann J. Schulze, New Orleans, for Travelers Ins. Co.

McBRIDE, Judge.

On December 22, 1953, a door of a railroad boxcar fell from its moorings without warning and struck Ezekial Baxter on the head occasioning severe and extensive personal injuries.

The freight car in question, labelled T & P 80212, owned by The Texas & Pacific Railway Company, had been placed in a train made up in Alexandria, Louisiana, and hauled to and spotted at the plant of Elder Lumber Company...

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