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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)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
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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