Supreme Court of Louisiana, 1976

Brackin v. Kansas City Southern

Supreme Court of Louisiana · Decided July 1, 1976 · Are, Calogero, Control, Disturbed, Dixon, From, Granted, Inability, MacHine, Proximate, Review, Should, Slow, Tate, That, Trial

334 So. 2d 217; 1976 La. LEXIS 5457 (Southern Reporter, Second Series)

Opinion of the Court

In re: J. J. Brackin and Mary Brackin applying for certiorari, or writ of review, to the Court of Appeal, 331 So.2d 237, Third Circuit, Parish of Avoyelles.

Writ denied. On the facts found, the result is correct.

DIXON, J., dissents from the denial. CALOGERO and TATE, JJ., are of the opinion the writ should be granted. The trial court’s finding that the inability to control the slow-moving railway machine which was the proximate cause of the accident should not have been disturbed on review.

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