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SWAN v. NEW ORLEANS TERMINAL CO.

No. 98-CA-2694.

745 So.2d 52 (1999)

Edward A. SWAN, Sr. v. NEW ORLEANS TERMINAL COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

May 21, 1999.

Attorney(s) appearing for the Case

Slater Law Firm, Benj. R. Slater, III, Mark E. Van Horn, Cory R. Cahn, New Orleans, Louisiana, Attorneys for Defendant/Appellant.

Plauche Maselli Landry & Parkerson, L.L.P., Arthur W. Landry, Elizabeth Salzer Schell, New Orleans, Louisiana, Attorneys for Defendant/Appellee.

Court composed of, Judge WILLIAM H. BYRNES III, Judge CHARLES R. JONES, Judge Pro Tempore JAMES A. GRAY II.

JONES, Judge.

Defendant/Appellant, New Orleans Terminal Company (NOTC), appeals the judgment of the trial court finding that it was contributorily negligent for the injuries sustained by its employee, Edward Swan, Sr. Domino Sugar Corporation (Domino) answered the appeal, and assigned as error the finding of the trial court that Domino was "independently negligent" for Mr. Swan's injuries because Domino was responsible for servicing the railroad switch that caused...

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