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ILLINOIS CENT. GULF R. v. DEATON, INC.

No. 90-CA-1651.

581 So.2d 714 (1991)

ILLINOIS CENTRAL GULF RAILROAD COMPANY v. DEATON, INC., et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied July 17, 1991.

Attorney(s) appearing for the Case

David S. Kelly, Bryan C. Misshore, Lemle & Kelleher, New Orleans, for plaintiff, appellee.

Francis G. Weller, Deutsch, Kerrigan & Stiles, New Orleans, for defendants, appellants.

Before GARRISON, ARMSTRONG and PLOTKIN, JJ.

PLOTKIN, Judge.

On May 22, 1986, a tractor-trailer, owned by Deaton, Inc., and driven by Deaton's employee, James McAtee, approached a railroad crossing in LaPlace, Louisiana. An Illinois Central (IC) train, consisting of two locomotives, was approaching the same crossing. The train was giving its required whistle and the crossing signal lights were flashing. The tractor-trailer attempted to cross in front of the train, and was hit by the train. The trailer was loaded...

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