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PORTA v. STATE, STATE BOARD

No. 8091.

242 So.2d 64 (1970)

Warren D. PORTA et al. v. The STATE of Louisiana, Through the STATE BOARD and/or Department of Highways.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied December 21, 1970.

Attorney(s) appearing for the Case

C. William Roberts, of Burton, Roberts & Ward and Philip K. Jones, Gen. Counsel, Highway Dept., Baton Rouge, for appellants.

A. J. Kling, Jr., and Hugh Reynolds, Gonzales, for appellee.

Before LANDRY, ELLIS and BLANCHE, JJ.

LANDRY, Judge.

This action evolves from the collision of an automobile with a tree felled by Hurricane Betsy across Louisiana Highway 44, a two-lane black-topped highway. The accident occurred at dusk dark, approximately 6:30-7:00 P.M., Friday, September 10, 1965, the day after Hurricane Betsy cut its swath through this state. Defendant (Department) takes this appeal from the judgment below awarding Mr. and Mrs. Warren D. Porta damages for the death of their seventeen...

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