Brackin v. Kansas City Southern

334 So. 2d 217, 1976 La. LEXIS 5457

Opinion

In re: J. J. Brackin and Mary Brackin applying for certiorari, or writ of review, to the Court of Appeal, 331 So.2d 237, Third Circuit, Parish of Avoyelles.

Writ denied. On the facts found, the result is correct.

DIXON, J., dissents from the denial. CALOGERO and TATE, JJ., are of the opinion the writ should be granted. The trial court’s finding that the inability to control the slow-moving railway machine which was the proximate cause of the accident should not have been disturbed on review.