AYMOND v. MISSOURI PACIFIC RAILROAD COMPANY

No. 1495.

179 So.2d 460 (1965)

Daphine McNeal AYMOND, Individually and Tutrix for Irving Carrol Aymond and Sandra Neal Aymond, Plaintiff and Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

October 27, 1965.


Attorney(s) appearing for the Case

Gravel, Sheffield & D'Angelo, by James S. Gravel, Alexandria, for plaintiff-appellant.

Stewart & Bond, by John R. Stewart, Lake Charles, for defendant-appellee.

Before FRUGE, CULPEPPER and HOOD, JJ.


HOOD, Judge.

This is an action for damages for the death of plaintiff's husband who was killed when a truck which he was driving collided with a train being operated by defendant. The defendant filed an answer, specially alleging contributory negligence on the part of the decedent, and it also filed a motion for summary judgment. After a hearing on the motion, the trial judge rendered a summary judgment dismissing the suit, and plaintiff has appealed.

The...

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