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ABERCROMBIE v. GILFOIL

No. 7254.

205 So.2d 461 (1967)

Dewey E. ABERCROMBIE et al. v. James H. GILFOIL, III, et al. James H. GILFOIL, III, et al. v. The STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS.

Court of Appeal of Louisiana, First Circuit.

October 12, 1967.

Attorney(s) appearing for the Case

Philip K. Jones, D. Ross Banister, Norman L. Sisson and Charles Wm. Roberts, of Burton, Roberts & Ward, Baton Rouge, for applicant-defendant State Through Department of Highways.

Gerald L. Walter, Jr., of Kantrow, Spaht, Weaver & Walter, Baton Rouge, McIntosh, Hester & Gilfoil, Lake Providence, and Kilbourne, Dart & Jackson, St. Francisville, for James H. Gilfoil, III, James H. Gilfoil, IV, and Hartford Acc. & Indem. Co., respondents.

Mason P. Gilfoil, Lake Providence, for James H. Gilfoil, III.

E. H. Lancaster, Jr., Tallulah, for Dewey E. Abercrombie and Mrs. Vivian Kay Abercrombie.

Robert A. Pritchard, Jackson, Miss., for Dewey E. Abercrombie and Mrs. Vivian Kay Abercrombie.

Before LANDRY, ELLIS and BAILES, JJ.

LANDRY, Judge.

The State of Louisiana Through the Department of Highways (Department), made defendant in both of these consolidated cases, has applied to this court for writs of certiorari, prohibition and mandamus to prevent trial by jury of certain issues involved in these actions which arise out of an automobile accident. The mishap in question occurred July 20, 1962, on Highway No. 19 near Norwood, East Feliciana Parish. A vehicle being driven southerly by plaintiff...

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