TEXAS & PACIFIC RAILWAY COMPANY v. LABORDE

No. 17174.

257 F.2d 587 (1958)

TEXAS & PACIFIC RAILWAY COMPANY, Appellant, v. Mrs. Gladys Mayeaux LABORDE et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 11, 1958.


Attorney(s) appearing for the Case

Frank H. Peterman, Alexandria, La., for appellant.

C. F. Gravel, Jr., Alexandria, La., John A. Boatner, Bunkie, La., Gravel, Humphries, Sheffield & Mansour, Alexandria, La., for Gladys Mayeaux Laborde and others, plaintiffs-appellees.

Before HUTCHESON, Chief Judge, and JONES and WISDOM, Circuit Judges.


HUTCHESON, Chief Judge.

The suit was for damages resulting from a collision occurring at a railroad crossing of a dirt and gravel road, known as the O'Neal crossing, between plaintiff's automobile and a freight train belonging to, and under the control of, defendant.

The claims of negligence were: maintaining the right-of-way at and around the crossing in such manner that the view of the track was obstructed and persons using the gravel road could not see...

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