Hodges v. Missouri Pacific Railroad

I respectfully dissent.

It is well settled in Louisiana that each case involving a train-vehicle collision should be tried on its own facts and circumstances. Also, the party’s negligence is a matter of factual determination to be followed by application of proper law. Odom v. Hooper, 273 So.2d 510 (La.1973); Buchholz v. Dealers Transport Company, 399 So.2d 1303 (La.App. 4th Cir.1981). It is equally well settled that factual determinations by the trial court are not to be disturbed in the absence of clear (manifest) error. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978); West v. Jones, 411…