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CHAMPAGNE v. MISSOURI PACIFIC RAILROAD COMPANY

No. 2271.

209 So.2d 114 (1968)

Kelt S. CHAMPAGNE et ux., Plaintiffs-Appellants, v. MISSOURI PACIFIC RAILROAD COMPANY et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied May 2, 1968.

Writ Refused June 21, 1968.

Attorney(s) appearing for the Case

Voorhies, Labbe, Fontenot, Leonard & McGlasson, by J. Winston Fontenot, Lafayette, for defendant-appellant, Teche Realty and Investment Co.

Douglas J. Nehrbass, Lafayette, and Marion W. Groner, New Iberia, for plaintiffs-appellees.

Landry, Watkins, Cousin & Bonin, by Jack J. Cousin, New Iberia, for defendant-appellee, Missouri Pac. R.R. Co. and Southern Pacific Co.

Davidson, Meaux, Onebane & Donohoe, by Richard C. Meaux, Louie M. Cyr, New Iberia, for plaintiff-appellee.

Before HOOD, LEAR, and CULPEPPER, JJ.

LEAR, Judge.

This is a slip and fall case. On May 17, 1966, at approximately 8:30 A.M., plaintiff, Mrs. Mary Lou Champagne, was shopping at the Winn-Dixie Store in Torrido Shopping Center at New Iberia, Louisiana. She alleges that as she was walking across a railroad spur track that runs through the shopping center, her foot caught on a raised portion of asphalt concrete causing her to trip and injure herself.

The trial court gave judgment for plaintiff. Defendant...

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