Franklin v. Louisiana & Arkansas Ry. Co.

This is a damage suit brought by Mrs. Canary Franklin, widow, for herself individually, and as tutrix of her minor child, Bernice Franklin, for the killing of her husband and father of her child by one of defendant’s trains at a crossing about one mile north of Sarepta, in Webster Parish, Louisiana.

The acts of negligence which plaintiffs charge against defendant are that the train was being operated at an excessive rate of speed, without any warning signals; and that the train crew saw or could have seen the automobile as it Approached the track or when it was in close proximity thereto in…