VILLE PLATTE CONCRETE v. CHICAGO, R.I. P. RY

Full title: VILLE PLATTE CONCRETE CO. v. CHICAGO, R.I. P. RY. CO. et al

Court: Court of Appeal of Louisiana, First Circuit

Date published: Jun 30, 1949

40 So. 2d 668 (La. Ct. App. 1949)

Opinion

No. 3105.

May 19, 1949. Rehearing Denied June 30, 1949.

Appeal from Thirteenth Judicial District Court, Parish of Evangeline; J. Cleveland Fruge, Judge.

Suit by Ville Platte Concrete Company against Chicago, Rock Island Pacific Railway, Co. and others for loss of plaintiff's truck in collision with train. Judgment for plaintiff and defendants appeal.

Judgment affirmed.

A. B. Guthrie, Ruston, for appellant.

Tate Fusilier, Ville Platte, for appellees.

ELLIS, Judge.

In this case, as to the question of liability see our decision this day rendered in the case of O'Connor v. Chicago, Rock Island Pacific Railway Company et al., 40 So.2d 663.

The testimony is undisputed that the truck of plaintiff which was demolished as a result of the accident had a value prior to the accident of $1,500, and after the accident the salvage value of this truck was only $50.

Therefore, the judgment of $1,450 rendered by the District Court is correct and is hereby affirmed, defendants to pay all costs.