# Board of Com'rs v. Public Belt R. Commission

> Louisiana Court of Appeal · March 29, 1954 · 71 So. 2d 590

URL: https://www.frixlaw.com/law-library/cases/7406202

## Case

- **Full name:** BOARD OF COM'RS OF PORT OF NEW ORLEANS v. PUBLIC BELT R. COMMISSION FOR CITY OF NEW ORLEANS
- **Court:** Louisiana Court of Appeal
- **Decided:** March 29, 1954
- **Citations:** 71 So. 2d 590; 1954 La. App. LEXIS 658
- **Precedential status:** Published
- **Opinion:** Dissent by Regan
- **Judges:** Hamlin, Hoc, Janvier, Regan, Takes
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7406202

## Opinion text

REGAN, Judge
(dissenting).
In my opinion the record fails to disclose any act of negligence on the part of;the defendant which resulted in the death of Delavallade. He stood between the tracks and leaned his.body against the coupling of the gondola car, where he engaged in the act of smoking a cigarette, which was'not permitted on the property of his employer (the dock board).
His presence could not have been -more effectively concealed from the defendant’s train crew unless he had hidden himself under the gondola car.
Under these circumstances no duty was imposed on defendant to discover the concealed peril of Delavallade.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7406202. Public record. Not legal advice.