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STEIN v. MISSOURI PACIFIC RAILROAD COMPANY

No. 1177.

166 So.2d 381 (1964)

Joseph Hardy STEIN, Plaintiff & Appellee, v. MISSOURI PACIFIC RAILROAD COMPANY, Defendant & Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied July 30, 1964.

Writ Refused October 13, 1964.

Attorney(s) appearing for the Case

Landry, Watkins, Cousin & Bonin, by Jack J. Cousin, William O. Bonin, Jacob S. Landry, New Iberia, for defendant-appellant.

Mestayer & Simon, by S. Gerald Simon, Ray F. Mestayer and Ann Simon, New Iberia, for defendant-appellee.

Before TATE, FRUGE and CULPEPER, JJ.

CULPEPPER, Judge.

This is a suit for damages arising out of an accident in which plaintiff drove his employer's pickup truck into the side of the next to last car of a freight train which, was slowly crossing a four-lane highway. A jury awarded plaintiff $150,000. The defendant appealed.

The scene of the accident is on Admiral Doyle Drive, just west of the town of New Iberia. This highway runs north and south and consists of two 24-foot wide cement slabs separated...

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