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HOWARD v. MISSOURI PACIFIC RAILROAD COMPANY

No. 27014.

410 F.2d 1144 (1969)

Dolores Costliow HOWARD, Individually, etc., et al., Plaintiffs-Appellees, v. MISSOURI PACIFIC RAILROAD COMPANY, Defendant-Appellant, Casualty Insurance Company of California, Intervenor.

United States Court of Appeals Fifth Circuit.

April 25, 1969.

Attorney(s) appearing for the Case

James G. Dubuisson, Dubuisson & Dubuisson, Opelousas, La., for defendant-appellant.

Bob F. Wright, Domengeaux, Wright & Bienvenu, Lafayette, La., for plaintiffs-appellees.

Before WISDOM and DYER, Circuit Judges, and KRENTZMAN, District Judge.

PER CURIAM:

This diversity case arose from a railroad-crossing accident. Missouri Pacific's train, manned by an engineer and lookout, was heading west when it struck John Howard's car heading south. Howard was killed in the collision. The case was tried solely on the theory of last clear chance. The jury found that Missouri Pacific had the last clear chance to avoid the fatal collision. On this verdict, the district judge entered judgment in favor of Howard's heirs...

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