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SUCCESSION OF THEROIT v. SOUTHERN PACIFIC TRANSP. CO.

No. 88-1164.

560 So.2d 861 (1990)

SUCCESSION OF Melvyn J. THERIOT, et al., Plaintiff-Appellant, v. SOUTHERN PACIFIC TRANSPORTATION CO., et al., Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied April 23, 1990.

Writ Denied June 29, 1990.

Attorney(s) appearing for the Case

Allen A. McElroy, Jr., Berwick, for plaintiff-appellant.

Allen & Gooch, James H. Gibson, Lafayette, for intervenor-appellant.

Davidson, Meaux, Sonnier, McElligott & Swift, John E. McElligott, Jr., Lafayette, Haik & Minvielle, Julius W. Grubbs, New Iberia, Preis & Kraft, Laura K. Austin, Lafayette, for defendant-appellee.

Before DOMENGEAUX, C.J., and GUIDRY and YELVERTON, JJ.

YELVERTON, Judge.

This appeal arises out of an accident occurring when a car and a train collided at a railroad crossing near Duck Industries, Inc., in Iberia Parish. The driver of the car, Melvyn J. Theriot, was killed. Suit was brought by his widow, Carolyn O. Theriot, on behalf of the succession, on behalf of herself individually, and on behalf of their three minor children, against three defendants: Southern Pacific Transportation Company (SoPac); the State of...

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