WHITEHEAD v. CRUSE

No. 53780.

281 So.2d 756 (1973)

Ada Faye WHITEHEAD et al. v. Lacy CRUSE, Individually and as Administrator of the Estate of his minor son, Fred C. Cruse, and State Farm Mutual Automobile Insurance Company.

Supreme Court of Louisiana.

August 31, 1973.


Application denied. On the facts found by the Court of Appeal, there is no error of law in its opinion.

BARHAM and TATE, JJ., are of the opinion the writ should be granted. The decision may also be in conflict with the holding in Kliebert v. Marquette Casualty Co., 119 So.2d 548 (La.App. 1st Cir. 1960), that a dog running into a road does not constitute an emergency sufficient to permit the driver to endanger his passenger...

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