Cavallo v. New Orleans Public Belt Railroad Commission

SAMUEL, Judge.

Plaintiff-appellant, Petero Cavallo, instituted suit against the New Orleans Public Belt Railroad Commission under LSA-Civil Code, Article 2315 for damages for the death of Mabel Fitch, whom the plaintiff claims was his wife by reason of an alleged common-law marriage in Texas. The defendant admitted the death but denied the marriage and the plaintiff’s right to bring suit thereunder, denied any negligence on the part of the railroad, and alternatively pleaded contributory negligence on the part of both the plaintiff and the de*420cedent. Judgment was rendered in favor of the…