Breaux v. Texas & Pacific Railway Co.

Louisiana Court of Appeal

Breaux v. Texas & Pacific Railway Co.

182 So. 2d 551, 1966 La. App. LEXIS 5415

CourtLouisiana Court of Appeal

DecidedJanuary 14, 1966

DocketNo. 6388

StatusPublished

This text of 182 So. 2d 551 (Breaux v. Texas & Pacific Railway Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Breaux v. Texas & Pacific Railway Co., 182 So. 2d 551, 1966 La. App. LEXIS 5415 (La. Ct. App. 1966).

Pincite

Opinion

PER CURIAM.

In this case, judgment was rendered in the district court in favor of plaintiffs and against Texas and Pacific Railway Co., Inc., D. J. Toney and Fred W. Wilson, Sr. The judgment was silent relative to an alternative demand against American Employers’ Insurance Company.

The judgment appealed from was reversed, and plaintiff’s suit was dismissed.

In the opinion, reported in La.App., 176 So.2d 640, at page 650, the question of the disposition of the alternative demand was disposed of adversely to plaintiffs. The judgment is now final, writs having been refused by the Supreme Court of this state, 178 So.2d 660.

The motion to remand seeks to have the case returned to the district court for a decision on the merits of the alternative demand. The motion is without merit, since the question was disposed of by this Court. Further, since all issues in this case have been disposed of, this Court no longer has jurisdiction to remand.

Accordingly the motion to remand is overruled.

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