Delta Service Station v. I. C. R. R.

Louisiana Court of Appeal

Delta Service Station v. I. C. R. R.

120 So. 407, 9 La. App. 748, 1929 La. App. LEXIS 59

CourtLouisiana Court of Appeal

DecidedFebruary 11, 1929

DocketNo. 11,020

StatusPublished

This text of 120 So. 407 (Delta Service Station v. I. C. R. R.) 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

Delta Service Station v. I. C. R. R., 120 So. 407, 9 La. App. 748, 1929 La. App. LEXIS 59 (La. Ct. App. 1929).

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Opinions

JANVIER, J.

This is a suit by the owner of an automobile tire service truck for damages sustained by the truck when it was struck and practically demolished by a train of defendant company at the “Protection Levee,” just beyond the city limits of New Orleans.

The driver of the truck, Milton Smith, was killed, and in the matter entitled Smith vs. Illinois Central R. R., No. 11,321 of our docket, 120 So. 405, we held that the proximate cause of the accident was the negligence or contributory negligence of Smith himself.

For the reasons given in that case it is now ordered, adjudged and decreed that the judgment appealed from be and it is annulled, avoided and reversed and that there be now judgment in favor of defendant, Illinois Central R. R. dismissing plaintiff’s suit at the cost of appellant. .

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JANVIER, J.

This is a suit by the owner of an automobile tire service truck for damages sustained by the truck when it was struck and practically demolished by a train of defendant company at the “Protection Levee,” just beyond the city limits of New Orleans.

The driver of the truck, Milton Smith, was killed, and in the matter entitled Smith vs. Illinois Central R. R., No. 11,321 of our docket, 120 So. 405, we held that the proximate cause of the accident was the negligence or contributory negligence of Smith himself.

For the reasons given in that case it is now ordered, adjudged and decreed that the judgment appealed from be and it is annulled, avoided and reversed and that there be now judgment in favor of defendant, Illinois Central R. R. dismissing plaintiff’s suit at the cost of appellant. .

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Bluebook (online)

120 So. 407, 9 La. App. 748, 1929 La. App. LEXIS 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delta-service-station-v-i-c-r-r-lactapp-1929.

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