BORNE v. CLAY

No. 607.

144 So.2d 701 (1962)

Herbert BORNE v. Joe CLAY, C & D Service, Inc., and Aetna Casualty & Surety Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 4, 1962.

Certiorari Denied November 7, 1962.


Attorney(s) appearing for the Case

F. F. Willoz, III, Julian B. Humphrey, New Orleans, for plaintiff-appellant.

St. Clair Adams, Jr., Adams & Reese, New Orleans, for defendants-appellees.

Before McBRIDE, YARRUT and JOHNSON, JJ.


JOHNSON, Judge.

Plaintiff appeals from a judgment of the District Court dismissing his suit for damages sustained in a highway collision near Belle Chasse, Louisiana.

There is not much dispute over the basic facts of this case. The controversy arises as to the ability of plaintiff to have prevented his automobile from colliding with defendant's large truck, which its driver had backed from a private driveway completely and squarely across plaintiff's lane...

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