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GANSLOSER v. KANSAS CITY SOUTHERN RY. CO.

No. 13036.

339 So.2d 498 (1976)

Mrs. Verna M. Davis GANSLOSER, Plaintiff-Appellant, v. KANSAS CITY SOUTHERN RAILWAY COMPANY et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied December 6, 1976.

Writ Refused February 14, 1977.

Attorney(s) appearing for the Case

Skeels, Baker & Coleman by Donald L. Baker, Shreveport, for plaintiff-appellant.

Wilkinson, Carmody & Peatross by Samuel W. Caverlee, Shreveport, for defendant-appellee Kansas City Southern Ry. Co.

Bodenheimer, Jones, Klotz & Simmons by G. M. Bodenheimer, Jr., Shreveport, for defendant-appellee Trinity Universal Ins. Co.

Before PRICE, HALL and MARVIN, JJ.

En Banc. Rehearing Denied December 6, 1976.

PRICE, Judge.

This is a tort action brought by the owner of property adjoining a railroad track to recover damages caused by a train derailment after application of emergency brakes to avoid a motorist.

The principal question on appeal is whether the railroad is solidarily liable with the motorist's insurer for the damages to plaintiff's property under the application of the doctrine of strict liability of...

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