
    Mrs. Verna M. Davis GANSLOSER v. KANSAS CITY SOUTHERN RAILWAY COMPANY et al.
    No. 59077.
    Supreme Court of Louisiana.
    Feb. 16, 1977.
   In re: Mrs. Verna M. Davis Gansloser, applying for Certiorari, or writ of review, to the Court of Appeal, 339 So.2d 498, Second Circuit, Parish of Caddo.

Writ denied. On the facts found by the Court of Appeal, there is no error of law in the judgment complained of.

TATE and DIXON, JJ.,

dissent for the reasons assigned by the dissenting opinion in the court of appeal. The defendant railroad created an unreasonable risk of injury in running trains in populated areas which could not stop without a substantial and appreciable risk of causing injury to the others, such as the plaintiff, a neighboring home owner innocent of any fault whatsoever.

CALOGERO, J.,

is of the opinion the writ should be granted.

DENNIS, J.,

concurs in the denial of the writ. Although I do not disagree with the principles of law stated in the excellent dissenting opinion in the court of appeal, I think a proper application of them should lead to the same result as the majority reached below because the activities of the railroad did not create an unreasonable risk of the type of injury that occurred and the railroad was not under a duty to protect against the risk created by the unusual circumstances out of which the accident arose.  