ARCEMENT v. SOUTHERN PACIFIC TRANSPORTATION CO.

No. 74-2395.

517 F.2d 729 (1975)

Patricia Hyatt ARCEMENT, etc., et al., etc., Plaintiffs-Appellees, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY et al., Defendants-Appellants. Edgar ROMAGUERA, Plaintiff-Appellee, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 3, 1975.


Attorney(s) appearing for the Case

Jarrell E. Godfrey, Jr., New Orleans, La., for defendants-appellants.

Nelson J. Cantrelle, Jr., Gretna, La., for Arcement.

F. L. Morris, Philip R. Johnson, Metairie, La., for Romaguera.

Before BROWN, Chief Judge, and GEWIN and THORNBERRY, Circuit Judges.


THORNBERRY, Circuit Judge:

This Louisiana diversity suit arose out of the collapse of a railroad trestle owned by Southern Pacific. Edgar Romaguera and Shelton Arcement were in a truck loaded with barrels of lube oil intended for the Team Vega, a molasses boat lying alongside Southern Pacific's Gretna, Louisiana wharf. When the two men drove out onto the railroad trestle that led to the wharf, a portion of the trestle collapsed, throwing the truck off into the water...

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