ERVIN v. BURNS

No. 9385.

126 So.2d 805 (1961)

Luke M. ERVIN, Plaintiff-Appellee, v. E. L. BURNS et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

February 2, 1961.


Attorney(s) appearing for the Case

Harrision & Brown, Shreveport, for appellants.

Lunn, Irion, Switzer, Trichel & Johnson, Shreveport, for appellee.

Before GLADNEY, AYRES and BOLIN, JJ.


AYRES, Judge.

This is an action in tort wherein plaintiff seeks to recover property damage sustained to his automobile when it was struck from the rear by a truck of the defendant as both vehicles were proceeding in a northeasterly direction on U. S. Highway 79, between Bethany and Greenwood, Louisiana.

The collision occurred in midday when the road was enveloped in a dense smoke caused by forest and grass fires raging on both sides of the road, reducing visibility...

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