Brackin v. Kansas City Southern

Supreme Court of Louisiana

Brackin v. Kansas City Southern

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

CourtSupreme Court of Louisiana

DecidedJuly 1, 1976

DocketNo. 58128

StatusPublished

This text of 334 So. 2d 217 (Brackin v. Kansas City Southern) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brackin v. Kansas City Southern, 334 So. 2d 217, 1976 La. LEXIS 5457 (La. 1976).

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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.

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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.

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Bluebook (online)

334 So. 2d 217, 1976 La. LEXIS 5457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brackin-v-kansas-city-southern-la-1976.

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