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GAINES v. EAGLE STAR INSURANCE COMPANY

No. 17310.

261 F.2d 831 (1958)

Roosevelt GAINES, Appellant, v. EAGLE STAR INSURANCE COMPANY, Limited, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 14, 1959.

Attorney(s) appearing for the Case

J. D. De Blieux, Baton Rouge, La., for appellant.

G. T. Owen, Jr., Baton Rouge, La., for appellee.

Before RIVES, TUTTLE and BROWN, Circuit Judges.

PER CURIAM.

This suit was for damages resulting from serious personal injuries occasioned when the insured's vehicle struck the plaintiff-appellant as he, in a far advanced state of alcoholic intoxication, suddenly staggered out from a neutral zone into the eastbound double traffic lane of Airline Highway in Baton Rouge, Louisiana. The Trial Court without a jury exonerated the insured driver. Neither the plaintiff's flagrant negligence nor the lack of the insured...

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