PATENOTTE v. NEW ORLEANS PUBLIC BELT RAILROAD COMMISSION

No. 21521.

118 So.2d 270 (1960)

Nolan PATENOTTE et al. v. NEW ORLEANS PUBLIC BELT RAILROAD COMMISSION.

Court of Appeal of Louisiana, Orleans.

March 7, 1960.


Attorney(s) appearing for the Case

Joseph A. Fiasconaro, Jr. and Thomas J. D'Aquila, New Orleans, for plaintiffs and appellees.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre and Charles W. Lane III, New Orleans, for defendant and appellant.


McBRIDE, Judge.

This is an action in tort wherein Patenotte and his insurer subrogee seek to recover the aggregate sum of $672.64, representing the damage sustained by Patenotte's truck when it was struck by a train of the defendant on the morning of July 1, 1958, shortly before daybreak. Plaintiffs recovered judgment as prayed for and defendant has appealed.

The only question in the case is whether the employees of the defendant railroad were negligent under...

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