Martinez ex rel. Martinez v. Missouri Pacific Railroad

DALTON, Judge.

Action for damages for the wrongful death of Edward P. Martinez under the last clear chance doctrine of the State of Louisiana. Martinez, hereinafter referred to as the deceased, an off-duty employee of the Texas & Pacific Railroad, was killed by defendant’s train in the joint yards of the Missouri Pacific and Texas & Pacific Railroads in Alexandria, Louisiana, on October 23, 1953. Verdict and judgment were for plaintiff for $75,000, but the court on motion set aside the verdict and judgment and entered judgment for defendant and, in the alternative if the judgment should be…