ILLINOIS CENTRAL RAILROAD COMPANY v. CULLEN

No. 3773.

235 So.2d 154 (1970)

ILLINOIS CENTRAL RAILROAD COMPANY v. William W. CULLEN et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 1, 1970.


Attorney(s) appearing for the Case

Lemle, Kelleher, Kohlmeyer, Matthews & Schumacher, C. Murphy Moss, Jr., New Orleans, for plaintiff-appellee.

Loeb, Dillon & Livaudais, Gerard M. Dillon, New Orleans, for defendants-appellants.

Before SAMUEL, CHASEZ and DOMENGEAUX, JJ.


SAMUEL, Judge.

Plaintiff filed this suit for $9,113.80, allegedly the amount of damages occasioned to its rolling equipment and tracks when a plaintiff train was derailed as a result of a switch having been opened by a 14 year old boy who was accompanied by his 11 year old brother. The answer of the two defendants, the father of the two boys and his insurer, denied liability and pleaded contributory negligence.

After trial there was judgment in favor of plaintiff...

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