Reugger v. Illinois Central Railroad Company

147 So. 383, 1933 La. App. LEXIS 1619

Opinion

JANVIER, Judge.

IVilliam H. Gautreaux, Jr., plaintiff, was a guest passenger in an automobile truck which collided with the center supporting pier of an overhead railroad crossing near Harahan, La., and sued to recover from the defendant for. the personal injuries arising therefrom.

In the matter of Prank J. Becker v. Illinois Central Railroad Company, 147 So. 378, de cided by us to-day, we discussed at length the facts of the case and the law applicable thereto, and in the matter of Frank J. Abadie v. Texas & New Orleans Railroad Company, 147 So. 384, also decided this day, we held that whether there was contributory negligence of the persons riding in the automobile truck was' of no importance, since there could be no recovery in any event.

In the district court, judgment was rendered herein in plaintiff’s favor for $1,250.

For the reasons given in the two cases mentioned, it is ordered, adjudged, and decreed that the judgment appealed from be, and it is, annulled, avoided, and reversed, and that plaintiff’s suit be dismissed, at his cost.

Reversed.

For the reasons given in Frank J. Becker v. Illinois Central R. R. Co., 147 So. 378, decided this day:

WESTERFIELD, J., dissents. HIGGINS, J., concurs.