Legal Opinion
Smith v. Texas & Pac. Ry. Co.
Louisiana Court of Appeal
Decided March 31, 1939No. 5881PublishedCited by 15 opinions
1Opinion of the Court
TALIAFERRO, Judge.
Plaintiff, as he was driving across defendant’s track at Thigpen’s Crossing in Sabine Parish, at the hour of 9:50 A. M., March 6, 1928, was run into by a west (north) bound passenger train. The truck was demolished. He sustained serious physical injuries, alleged to be permanent, and sues for damages on that account and for the value of the truck. He charges responsibility for the accident to defendant and its train operatives. He alleged upon the following acts of negligence on their part:
Excessive speed of the train; the failure to give warning or signal of its approach by…
2Cases cited5 opinions
- Cook v. Louisiana & N. W. R.Supreme Court of Louisiana · 1912
- Ross v. Sibley, L. B. & S. Ry. Co.Supreme Court of Louisiana · 1906
- Wyatt v. Yazoo & Miss. Valley R. R.Louisiana Court of Appeal · 1930
- Franklin v. Louisiana & Arkansas Ry. Co.Louisiana Court of Appeal · 1929
- Guillot v. Louisiana Railway & Navigation Co.Louisiana Court of Appeal · 1925
3Cited by15 opinions
- Brown v. S. A. Bourg & Sons, Inc.Supreme Court of Louisiana · 1960
- D & D PLANTING CO. v. Employers Casualty Co.Supreme Court of Louisiana · 1960
- Bertrand v. Missouri Pacific Railroad CompanyLouisiana Court of Appeal · 1964
- Rachal v. Texas & P. Ry. Co.Louisiana Court of Appeal · 1952
- Hoover v. WagnerLouisiana Court of Appeal · 1966
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