THOMAS v. INSURANCE COMPANY OF NORTH AMERICA

No. 23037.

370 F.2d 372 (1966)

Ernest THOMAS and Fanny Stewart Sanders, Appellants, v. INSURANCE COMPANY OF NORTH AMERICA, Appellee. INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. Ernest THOMAS and Fanny Stewart Sanders, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 20, 1967.


Attorney(s) appearing for the Case

Charles E. McHale, Jr., New Orleans, La., for appellants.

Paul B. Deal, Carl J. Schumacher, Jr., New Orleans, La., Lemle & Kelleher, New Orleans, La., of counsel, for appellee.

Before GEWIN and GOLDBERG, Circuit Judges, and SPEARS, District Judge.


PER CURIAM.

This is a suit for damages and for wrongful death under Article 2315 of the revised Civil Code of Louisiana, for injuries and loss sustained by several plaintiffs in an automobile collision on March 10, 1962.

The case was tried to a jury, but at the close of the plaintiffs' evidence the trial judge directed a verdict of negligence against the defendant's insured, and found contributory negligence as a matter of law against the driver of the car...

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