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MANUEL v. MISSOURI PACIFIC RAILROAD COMPANY

No. 3884.

264 So.2d 376 (1972)

Leroy K. MANUEL, Individually and as Administrator of the Estate of His Minor Son, Terry Manuel, Plaintiffs-Appellees, v. MISSOURI PACIFIC RAILROAD COMPANY, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied June 28, 1972.

Writ Refused September 22, 1972.

Attorney(s) appearing for the Case

Anderson, Leithead, Scott, Boudreau & Savoy, by Everett R. Scott, Jr., Lake Charles, for defendant-appellant.

Brame, Stewart & Bergsted by Joseph A. Brame, Lake Charles, for 3rd party defendant-appellee.

Jones, Kimball, Patin, Harper, Tete & Wetherill by William Nolen, Lake Charles, for 3rd party defendant-appellee.

Larry A. Roach, Lake Charles, for plaintiffs-appellees.

Before HOOD, CULPEPPER and MILLER, JJ.

MILLER, Judge.

Defendant Missouri Pacific Railroad Company appeals the trial court's factual determination that its train was making an unsignaled backing maneuver with four locomotives pushing nineteen unlighted freight and tank cars across an unlighted and unprotected street crossing. Defendant contends that its employees were not negligent and alternatively that the driver of the westbound pickup truck and his guest passengers were contributorily negligent. We...

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