Missouri Pacific Railroad Company v. Ludwic Fusilier

On April 10, 1957 the jury returned a general verdict for the plaintiff, Fusilier, for $5,000 accompanied by answers to two special interrogatories, (1) was the defendant Railroad guilty of negligence which was a proximate cause of the accident in suit and (2) was the plaintiff guilty of such negligence, both of which were in the affirmative. Thus, under Louisiana law which makes contributory negligence a complete bar to recovery by a plaintiff, a clear conflict between the general and special verdicts was disclosed. After further instruction to the jury and conference between court and…