Legal Opinion

Jordan v. Kansas City Southern Railway Co.

Louisiana Court of Appeal

Decided March 2, 1972No. 3770Published

1Opinion of the Court

FRUGÉ, Judge.

The plaintiff has sued to recover damages occasioned by the death of three of his dairy cows, and the serious injury of a fourth. The suit is based on LSA-R.S. 45:504 which reads:

“In suits against railroad companies for the loss of stock killed or injured by them, it is sufficient, in order for the plaintiff and owner to recover, to prove the killing or injury, unless it is shown by the defendant company that the killing or injury was not the result of fault or carelessness on their part or the negligent or indifferent running or management of their locomotive or train.”

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2Cases cited4 opinions

  1. Moody v. Texas P. Ry. Co.Louisiana Court of Appeal · 1948
  2. Cheek v. ThompsonDistrict Court, W.D. Louisiana · 1939
  3. Cheek v. ThompsonCourt of Appeals for the Fifth Circuit · 1944
  4. Francis v. ThompsonLouisiana Court of Appeal · 1952

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