BUSH v. TEXAS & PACIFIC RAILROAD COMPANY

No. 1795.

191 So.2d 508 (1966)

Elliott BUSH, Plaintiff-Appellee, v. The TEXAS & PACIFIC RAILROAD COMPANY, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

November 3, 1966.


Attorney(s) appearing for the Case

Hudson, Potts & Bernstein, by James L. Dennis, Monroe, for defendant-appellant.

Richard B. Millspaugh, Opelousas, for plaintiff-appellee.

Before CULPEPPER, TATE and HOOD, JJ.


HOOD, Judge.

Elliott Bush sues defendant railroad for the value of a registered bull which was killed when struck by the defendant's train. The trial court rendered judgment in favor of plaintiff, and defendant has appealed.

Plaintiff bases his claim primarily on defendant's alleged breach of a contract to repair a fence located along the south line of the railroad right of way. Alternatively, he seeks to recover in tort under the provisions of LSA-R.S. 45...

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