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SYLVESTER v. TEXAS AND PACIFIC RAILWAY COMPANY

No. 1631.

183 So.2d 81 (1966)

Oscar SYLVESTER, Jr., Plaintiff-Appellee, v. The TEXAS AND PACIFIC RAILWAY COMPANY, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

February 15, 1966.

Attorney(s) appearing for the Case

Hudson, Potts & Bernstein, by B. Roy Liuzza, Monroe, La., for defendant-appellant.

Fruge & Foret, by Jack C. Fruge, Ville Platte, for plaintiff-appellee.

Before SAVOY, HOOD and CULPEPPER, JJ.

SAVOY, Judge.

This is an action in tort for the value of two cows which were killed by defendant's train about two miles north of Ville Platte in Evangeline Parish, Louisiana, on November 24, 1964. Plaintiff alleged that his animals were struck and killed because of the negligence of defendant's agents and employees in charge of the train in proceeding at an excessive rate of speed, in failing to keep a proper lookout, in failing to keep the train under adequate control...

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