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STELLY v. FIDELITY & CASUALTY COMPANY OF NEW YORK

No. 2040.

201 So.2d 24 (1967)

Arnold J. W. STELLY, Plaintiff and Appellee, v. The FIDELITY & CASUALTY COMPANY OF NEW YORK et al., Defendants and Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied July 27, 1967.

Dissenting Opinion July 28, 1967.

Writ Refused October 20, 1967.

Attorney(s) appearing for the Case

Lewis & Lewis, Seth Lewis, Jr., Opelousas, for defendant-appellant.

C. Kenneth Deshotel, Opelousas, for plaintiff-appellee.

Before FRUGE, SAVOY and CULPEPPER, JJ.

CULPEPPER, Judge.

The plaintiff, Arnold J. W. Stelly, filed suit for property damage to his pickup truck. He collided with the rear end of defendant's truck which he alleges was either stopped or moving very slowly on the highway without proper tail lights. From an adverse judgment, the defendant and his insurer appeal.

The issues on appeal are (1) whether the defendant was negligent and (2) whether plaintiff was...

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