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MISSOURI PACIFIC RAILROAD COMPANY v. FUSILIER

No. 17000.

256 F.2d 278 (1958)

MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. Ludwic FUSILIER, Appellee.

United States Court of Appeals Fifth Circuit.

June 9, 1958.

Attorney(s) appearing for the Case

Edward Dubuisson, Opelousas, La., M. Truman Woodward, Jr., New Orleans, La., for appellant.

J. Nilas Young, Eunice, La., and L. O. Fusilier, Ville Platte, La., for plaintiff-appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and BROWN, Circuit Judges.

PER CURIAM.

On April 10, 1957 the jury returned a general verdict for the plaintiff, Fusilier, for $5,000 accompanied by answers to two special interrogatories, (1) was the defendant Railroad guilty of negligence which was a proximate cause of the accident in suit and (2) was the plaintiff guilty of such negligence, both of which were in the affirmative. Thus, under Louisiana law which makes contributory negligence a complete bar to recovery by a plaintiff, a clear...

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