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Torts Keyed to Duncan
Perkins v. Texas and New Orleans Ry. Co.
Citation:243 La. 829, 147 So.2d 646 (1962)
Tanner Perkins was killed when the automobile he was in was hit by a train that was traveling 12 miles per hour over the speed limit. Perkins’ wife (plaintiff) sued the owner of the train, Texas & New Orleans R.R. Co. (defendant), arguing that the train’s excessive speed negligently caused the accident. The defendant argued the excessive speed was not the cause-in-fact of the accident, because the accident still would have occurred even if the train was traveling at the appropriate speed.
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