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PORTER v. JOHNSON

No. 12987.

337 So.2d 293 (1976)

Owens PORTER, Individually and as Administrator of the minor, Gerald Wayne Porter, Plaintiff-Appellant, v. Charles E. JOHNSON et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

August 31, 1976.

Attorney(s) appearing for the Case

Hamilton, Carroll & Miller by Orlando N. Hamilton, Jr., Oak Grove, for plaintiff-appellant.

Theus, Grisham, Davis & Leigh by J. Bachman Lee, Monroe, for defendant-appellee, State Farm Mutual Automobile Ins. Co.

Woodrow Wilson, Bastrop, for defendantappellee, Charles E. Johnson.

Before BOLIN, PRICE and HALL, JJ.

BOLIN, Judge.

Gerald Porter, 13 years of age, seeks damages for injuries received by him when a bicycle on which he was riding was struck by a car driven by Charles Johnson. The lower court without passing on Johnson's negligence rejected plaintiff's demand because of Gerald's contributory negligence. Plaintiff appeals and we affirm.

The issue is whether the cyclist was guilty of negligence which contributed to the accident and, if so, did the automobile driver...

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