SAVOY, Judge.
This is an appeal from a summary judgment dismissing this tort action.
In his petition plaintiff alleged that at approximately 5:15 P.M. on August 13, 1963, he was driving his automobile in a southerly direction on La. Highway 113 at about forty miles per hour; that as he was approaching the crest of a hill in said highway the automobile of defendant, Leonard D. Spears, was parked in the south bound lane of said highway with the hood of the automobile...
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