ARNOLD v. BYRNE

No. 4345.

251 So.2d 55 (1971)

Deloris ARNOLD, individually and in her capacity as natural tutrix of the minor, Joseph Arnold, Jr. v. Edna J. BYRNE and Allstate Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

July 15, 1971.


Attorney(s) appearing for the Case

James Foley, III, New Orleans, for plaintiff-appellant.

E. Kelleher Simon, of Sessions, Fishman, Rosenson, Snellings & Boisfontaine, New Orleans, for defendant-appellee.

Before SAMUEL, REDMANN and BOUTALL, JJ.


REDMANN, Judge.

Plaintiff appeals from a judgment dismissing her suit for herself and her minor son for damages from a night-time accident between an automobile and an unlighted bicycle.

The testimony of the car driver and that of the investigating police officer supports the conclusion that the minor, rushing in the rain and not seeing the car, ran into the side of the car at an intersection. The testimony of an independent eye-witness (persuasive at times...

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