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TROXLAIR v. ILLINOIS CENTRAL RAILROAD COMPANY

No. 5616.

291 So.2d 797 (1974)

Eva Mae TROXLAIR, for herself and for and on behalf of her minor son, Harry A. Troxlair, Jr., et al. v. ILLINOIS CENTRAL RAILROAD COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 9, 1974.

Writ Refused May 31, 1974.

Attorney(s) appearing for the Case

Joseph Accardo, Jr., Chaisson & Accardo, for Eva Mae Troxlair, and others, plaintiffs-appellants.

H. Martin Hunley, Jr., Lemle, Kelleher, Kohlmeyer, Matthews & Schumacher, New Orleans, for Ill. Central Railroad Co., defendant-appellee.

Before GULOTTA and BOUTALL, JJ., and WICKER, J. Pro Tem.

BOUTALL, Judge.

The surviving spouse and children of a motorist brought this suit for damages for his wrongful death as a result of his automobile being struck by a railroad train at a crossing near Frenier, St. John the Baptist Parish. Jury trial was had and the jury returned a verdict finding the defendant railroad guilty of negligence and the decedent guilty of contributory negligence. The resulting judgment dismissed plaintiffs' suit and plaintiffs have taken...

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