FISHER v. WALTERS

No. 14864.

415 So.2d 343 (1982)

Mrs. Minnie FISHER, Jr., widow of Allen Charles Fisher, Jr., Individually and on behalf of her minor children, Cheryl L. Fisher, Valarie D. Fisher, Angela Fisher, Sonja Renee Fisher, Allen Charles Fisher, III, and Adrian J. Fisher, Plaintiff-Appellee, v. Forest WALTERS, Richard Hadden, Sr., and Illinois Central Gulf Railroad Company, Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied June 25, 1982.


Attorney(s) appearing for the Case

Thompson, Sparks, Cudd & Dean by Wood T. Sparks, Monroe, for defendants-appellants.

James D. Caldwell, Tallulah and Richard V. Burnes, Alexandria, for plaintiff-appellee.

Before HALL, JASPER E. JONES, and FRED W. JONES, Jr., JJ.


HALL, Judge.

In this wrongful death action arising out of a railroad crossing accident the defendant railroad and the defendant engineer and fireman appeal from a judgment awarding $840,000 in damages to the widow and children of the decedent. Issues presented by the appeal are the negligence of the railroad crew operating the train, the contributory negligence of the decedent driver of the car which was struck by the train, the last clear chance of the railroad crew...

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