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JORDAN v. KANSAS CITY SOUTHERN RAILWAY COMPANY

No. 3770.

260 So.2d 115 (1972)

Roy JORDAN and Gerald Jordan, d/b/a R & G Jordan Dairy, Plaintiff-Appellee, v. KANSAS CITY SOUTHERN RAILWAY COMPANY, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied April 18, 1972.

Attorney(s) appearing for the Case

John M. Madison, Jr., Shreveport, for defendant-appellant.

E. L. Edwards, Jr., Many, for plaintiff-appellee.

Before FRUGÉ, SAVOY and HOOD, JJ.

FRUGÉ, Judge.

The plaintiff has sued to recover damages occasioned by the death of three of his dairy cows, and the serious injury of a fourth. The suit is based on LSA-R.S. 45:504 which reads:

"In suits against railroad companies for the loss of stock killed or injured by them, it is sufficient, in order for the plaintiff and owner to recover, to prove the killing or injury, unless it is shown by the defendant company that the killing or injury was...

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