Vascocu v. Texas & Pacific Railway Co.
Also decided on this docket: La. Ct. App. 1st Cir., February 2, 1970 231 So. 2d 644; La. Ct. App. 4th Cir., July 1, 1920 4 Pelt. 53; La., April 15, 1880 32 La. Ann. 579
Vascocu v. Texas & Pacific Railway Co., 61 So. 2d 530 (La. Ct. App. 1st Cir. 1952).
Cited by
- Rachal v. Texas & P. Ry. Co. 61 So. 2d 525 La. Ct. App. 2d Cir. 1952
Authorities cited
Identified automatically; this list may not be exhaustive.
- Rachal v. Texas & P. Ry. Co. 61 So. 2d 525
Opinion text
HARDY, Judge. This is a suit for damages brought by the plaintiff as the surviving widow of John Vascocu, who was killed in the railway crossing accident. This case was consolidated for trial and for the purposes of appeal with the cases of Rachal v. Texas & Pacific Railway Company, La.App., 61 So.2d 525 and Desadier v. Texas & Pacific Railway Company, La.App., 61 So.2d 530 . This case is distinguished from the noted companion cases by reason of the fact that counsel for plaintiff, with becoming candor and frankness, has admitted in this court that in any event this plaintiff -would be precluded from recovery by reason of the fact that decedent, who was the driver of the truck involved in the collision, was unquestionably demonstrated on trial of the case to have been guilty of contributory negligence. For this reason and for the reasons assigned in our opinion in the Rachal case, the judgment appealed from is affirmed at appellant’s cost.