NIXON v. SOUTHERN RAILWAY COMPANY

No. 5856.

290 So.2d 371 (1974)

Joseph D. NIXON, Sr., et al. v. SOUTHERN RAILWAY COMPANY et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 8, 1974.

Writ Refused April 26, 1974.


Attorney(s) appearing for the Case

George W. Reese, Gilbert Bernstein, New Orleans, for plaintiffs-appellees.

Monroe & Lemann, John D. Wogan, New Orleans, for defendants-appellants.

Before LEMMON, J., and BAILES, and FLEMING, JJ. Pro Tem.


ROBERT M. FLEMING, Judge Pro Tem.

Alabama Great Southern Railroad Company has appealed from a judgment following a jury verdict, which awarded damages to plaintiffs on account of the wrongful death of their 13 year old son in a pedestrian-train accident. The primary issues on appeal are the sufficiency of the evidence as to the defendant's negligence and the applicability of the doctrine of last clear chance.

The accident occurred on a clear, warm Sunday afternoon...

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