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GAUTHIER v. KANSAS CITY SOUTHERN R. CO.

No. 96-529.

682 So.2d 993 (1996)

Newty Paul GAUTHIER, et ux. Plaintiffs-Appellees, v. KANSAS CITY SOUTHERN RAILWAY CO., et al. Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied January 24, 1997.

Attorney(s) appearing for the Case

Howard N. Nugent Jr., D. Reardon Stanford, Alexandria, for Newty Paul Gauthier.

Mark Ellis Gilliam, Shreveport, David Stuart Kelly, Nicole Martin, New Orleans, for Kansas City Southern Railway Co., et al.

Before WOODARD, DECUIR, and PETERS, Judges.

DECUIR, Judge.

This appeal arises out of a collision on October 6, 1994, between a train owned and operated by defendant, Kansas City Southern Railway Company, and a "cherry-picker" operated by plaintiff, Newty Paul Gauthier. At the time of the accident, plaintiff was employed by T.L. James & Co., Inc. and was engaged in the construction of an overpass on Hwy. 165 over railway tracks at Rocky Bayou in Pineville, Louisiana. Plaintiff was operating a "cherry picker...

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