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RICHARDSON v. TATE

Nos. 4899-4902.

269 So.2d 278 (1972)

Robert G. RICHARDSON, individually and on behalf of his minor son, Robert G. Richardson, Jr. v. Bernard TATE et al. Charles A. OSTARLY, individually and on behalf of his minor son, Larry J. Ostarly v. Bernard TATE et al. George W. SCHAYER, individually and on behalf of his minor son, George H. Schayer v. Bernard TATE et al. Robert G. RICHARDSON, Sr., for and on behalf of his minor son, Brian E. Richardson v. Bernard TATE et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearings Denied December 5, 1972.

Writs Refused January 15, 1973.

Attorney(s) appearing for the Case

Donald V. Organ, Organ & Pierce, Frederick R. Bott, Deutsch, Kerrigan & Stiles, New Orleans, for plaintiffs-appellees.

Gerard M. Dillon, Dillon & Williams, New Orleans, Chester Francipane and Richard T. Regan, Francipane, Regan, Post & St. Pee, Metairie, George T. Oubre, Norco, for defendants-appellees.

Before REDMANN, GULOTTA and STOULIG, JJ.

REDMANN, Judge.

Defendants T. L. James & Co. and its insurer appeal from a judgment on a jury verdict casting appellants for damages caused by a truck driver generally employed by B. T. Moore but determined to have been James's borrowed servant. Plaintiff protectively appeals, asking judgment against Moore if James is held not liable.

The principal question is whether the driver was James's borrowed servant, acting as such at the time of the accident....

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