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O'BRIEN v. CITY OF NEW ORLEANS

No. 4123.

243 So.2d 352 (1971)

Mary Margaret McAULIFFE, widow of William M. O'BRIEN and William M. O'Brien, Jr. v. CITY OF NEW ORLEANS, the Travelers Indemnity Company, John O. Evans, Jr. and the Monarch Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 8, 1971.

Writ Refused March 24, 1971.

Attorney(s) appearing for the Case

Levy, Smith & Pailet, Lawrence J. Smith, New Orleans, for plaintiffs-appellants.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, James La. Selman, II, New Orleans, for City of New Orleans, the Travelers Indemnity Co., and John O. Evans, Jr., defendants-appellees.

Before SAMUEL, TAYLOR and LeSUEUR, JJ.

LeSUEUR, Judge.

William O'Brien was fatally injured on the street in front of the Chapel of Our Lady of Perpetual Help on the evening of January 26, 1965. He was on his way to a novena. He was on foot, crossing Prytania at the time of the accident. Mrs. O'Brien, who was driving the family car had deposited him only moments before on the River curbing roughly across Prytania from the Chapel entrance. She did not, however, see the accident. At some point in his crossing...

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