Dufresne v. Texas & Pacific Railway Co.

CULPEPPER, Judge ad hoc.

Plaintiff sued defendant for $5,257.34 representing damages sustained when plaintiff’s farm tractor was struck by one of defendant’s trains at a private crossing located on plaintiff’s plantation. Defendant answered, denying any negligence on its part and alternatively alleging contributory negligence on the part of plaintiff’s tractor driver. In addition, defendant urged a reconventional demand for damages to its train, which demand was dismissed on a plea of prescription. After trial on the merits, the lower court found defendant free of negligence and concluded that…