DUFRESNE v. TEXAS & PACIFIC RAILWAY COMPANY

No. 371.

145 So.2d 94 (1962)

Edward A. DUFRESNE, Plaintiff and Appellant, v. TEXAS & PACIFIC RAILWAY COMPANY, Defendant and Appellee.

Court of Appeal of Louisiana, Fourth Circuit.

October 1, 1962.


Attorney(s) appearing for the Case

Sidney W. Provensal, Jr., of Cahn & Provensal, New Orleans, for plaintiff-appellant.

John E. Fleury, Gretna, Phelps, Dunbar, Marks, Claverie & Sims and Charles M. Lanier, New Orleans, for defendant-appellee.

Before CULPEPPER, PONDER and McGEE, JJ.


CULPEPPER, Judge ad hoc.

Plaintiff sued defendant for $5,257.34 representing damages sustained when plaintiff's farm tractor was struck by one of defendant's trains at a private crossing located on plaintiff's plantation. Defendant answered, denying any negligence on its part and alternatively alleging contributory negligence on the part of plaintiff's tractor driver. In addition, defendant urged a reconventional demand for damages to its train, which demand was dismissed...

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