LONG v. TRAVELERS INSURANCE COMPANY

No. 9868.

150 So.2d 52 (1963)

John N. LONG, Plaintiff-Appellee, v. The TRAVELERS INSURANCE COMPANY, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

February 7, 1963.


Attorney(s) appearing for the Case

Cunningham & Cunningham, Natchitoches, for appellant.

R. D. Cantwell, Winnfield, for appellee.


AYRES, Judge.

Plaintiff instituted this action to recover the value of a cow which was killed when struck by an automobile driven by G. M. McCartney, defendant's assured. Negligence charged to the motorist consisted of his failure to keep a proper lookout for animals on the highway. The defense was (1) that, as to the motorist, the accident was unavoidable and (2) that, under LSA-R.S. 3:2801 et seq., plaintiff was under a statutory obligation to keep his cattle off...

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