Legal Opinion

Delta Fire & Casualty Co. v. Texas & Pacific Railway Co.

Supreme Court of Louisiana

Decided March 26, 1956No. 42358PublishedCited by 5 opinions

1Opinion of the Court

McCALEB, Justice.

Plaintiff insurance company brought this suit as subrogee of W. H. Gillen to recover $4,495 property damages resulting from an *713accident in which Gillen’s track and trailer were virtually demolished in a collision with defendant’s train. In the lower court the claim was denied on the ground that the truck driver was guilty of the grossest sort of negligence, which was a contributing, if not the sole, cause of the accident. Plaintiff has appealed.

The accident occurred on a clear day at about 10:30 a. m. on a gravel road known as Bayou Choctaw road which proceeds in a general…

2Cases cited7 opinions

  1. Fontenot v. FreudensteinLouisiana Court of Appeal · 1941
  2. Jones v. American Mut. Liability Ins. Co.Louisiana Court of Appeal · 1939
  3. Eggleston v. Louisiana & A. Ry. Co.Louisiana Court of Appeal · 1939
  4. Perrin v. New Orleans Terminal Co.Supreme Court of Louisiana · 1917
  5. Calvert Fire Ins. Co. v. Texas & P. Ry. Co.Louisiana Court of Appeal · 1951

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Franicevich v. LiretteSupreme Court of Louisiana · 1961
  2. Hymel v. Texas & New Orleans Railroad CompanyLouisiana Court of Appeal · 1962
  3. Dolese v. Transit Management of Southeast Louisiana, Inc.Louisiana Court of Appeal · 2004
  4. Raub v. PriceLouisiana Court of Appeal · 1973
  5. Scott v. Louisiana Midland Railway Co.Louisiana Court of Appeal · 1967

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