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SMITH v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA

No. 16612.

245 F.2d 464 (1957)

Quinn K. SMITH, Appellant, v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 3, 1957.

Attorney(s) appearing for the Case

Frederick J. Stewart, Shreveport, La., for appellant.

Richard H. Switzer, Shreveport, La., Lunn, Irion, Switzer, Trichel & Johnson, Shreveport, La., of Counsel, for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and CAMERON, Circuit Judges.

HUTCHESON, Chief Judge.

This is an appeal from a judgment in a negligence suit tried to the court without a jury, in which the district judge found that defendant was guilty of no negligence and the plaintiff was guilty of negligence, which was the sole proximate cause of the accident.

Here, as he did below, plaintiff insists that under Booth v. Columbia Casualty Co., 227 La. 932, 80 So.2d 869

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