DAVILA v. SOUTHERN PACIFIC TRANSP. CO.

No. 83-CA-280.

444 So.2d 1293 (1984)

Oscar DAVILA, et al. v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, et al.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied February 17, 1984.

Writ Denied April 2, 1984.


Attorney(s) appearing for the Case

Carlos Zeledon, James Maher III, New Orleans, for plaintiffs-appellees.

Hubert A. Vondenstein, Steven B. Witman, Gretna, for defendant-appellant.

Before BOUTALL, KLIEBERT, BOWES, GAUDIN and GRISBAUM, JJ.


GRISBAUM, Judge.

The Parish of Jefferson appeals the judgment in favor of appellees, Oscar and Mercedes Davila, for the wrongful death of their son. Eighteen-year old Napoleon was killed when a train struck the car he was operating. Appellant argues the trial court erred (1) in finding the Parish of Jefferson had actual or constructive notice of the condition of the road which they maintained, (2) in finding a hole in the road was a cause in fact of the accident,...

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