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LOETZERICH v. TEXAS PACIFIC-MISSOURI PAC. T.R. OF N.O.

No. 7156.

325 So.2d 626 (1976)

Emile LOETZERICH v. TEXAS PACIFIC-MISSOURI PACIFIC TERMINAL RAILROAD OF NEW ORLEANS et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 10, 1976.

Writ Refused March 23, 1976.

Attorney(s) appearing for the Case

Edward J. DeMartini, Kenner, for plaintiff-appellee.

Phelps, Dunbar, Marks, Claverie & Sims, J. Barnwell Phelps, J. Kirby Barry, New Orleans, for defendant-appellant.

Porteous, Toledano, Hainkel & Johnson, Christopher E. Lawler, New Orleans, for intervenor.

Before GULOTTA, BOUTALL and MORIAL, JJ.

MORIAL, Judge.

On July 25, 1972, plaintiff, Emile Loetzerich, was injured when a 1500 pound railroad boxcar door which he was attempting to open came off its tracks due to a missing roller. After trial by jury, the owner of the boxcar, St. Louis-San Francisco Railway Company, was found negligent and was cast in judgment for the total sum of $176,700.00.

Defendant appeals alleging that: (1) the trial court lacked jurisdiction; (2) plaintiff's testimony lacked...

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