Louisiana Court of Appeal, 1962

Spurgeon v. Texas & Pacific Railway Co.

Spurgeon v. Texas & Pacific Railway Co.
Louisiana Court of Appeal · Decided February 7, 1962 · Frugé, Hood, Savoy, Tate
138 So. 2d 128; 1962 La. App. LEXIS 1619 (Southern Reporter, Second Series)

Spurgeon v. Texas & Pacific Railway Co.

Opinion of the Court

TATE, Judge.

The plaintiff brings this suit to recover damages for the wrongful death of her husband, James Spurgeon. He was killed when one of the defendant’s trains collided with a car driven by William Renz in which the decedent Spurgeon was riding as a passenger. The defendant appeals from adverse judgment.

All issues of the present appeal have been discussed in the companion appeal decided this same day arising out of the same accident. Renz v. Texas & Pacific Railway Company, La.App., 138 So.2d 114. No issues on appeal is raised as to the amount of the award, which does not appear to be either manifestly excessive or manifestly inadequate.

For the foregoing reasons, the judgment of the trial court is affirmed at the cost of the defendant-appellant.

Affirmed.

On Application for Rehearing.

En Banc. Rehearing denied.

FRUGÉ, J., recused.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.