FREEMAN v. NEW YORK FIDELITY & CASUALTY COMPANY

No. 2760.

224 So.2d 557 (1969)

Alzena Boggs Laird FREEMAN, et al., Plaintiffs and Appellants, v. NEW YORK FIDELITY & CASUALTY COMPANY et al., Defendants and Appellees.

Court of Appeal of Louisiana, Third Circuit.

June 27, 1969.


Attorney(s) appearing for the Case

Kramer & Kennedy, by Ralph W. Kennedy, Alexandria, for plaintiffs-appellants.

Stafford & Pitts, by John L. Pitts, Alexandria, for defendants-appellees.

Before SAVOY, CULPEPPER and MILLER, JJ.


CULPEPPER, Judge.

This is a wrongful death action. Plaintiffs are respectively the mother and the three minor children of John L. Laird, who drowned when the automobile in which he was a passenger plunged into a canal. The defendants are Joe Carter, driver of the vehicle, and his liability insurer, New York Fidelity & Casualty Company. From an adverse judgment, plaintiffs appealed.

The sole issue on appeal is whether the decedent assumed the risk of the...

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