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ALLSTATE INSURANCE COMPANY v. TOWN OF VILLE PLATTE

No. 53097.

271 So.2d 534 (1973)

ALLSTATE INSURANCE COMPANY v. TOWN OF VILLE PLATTE et al.

Supreme Court of Louisiana.

January 25, 1973.

Application denied; the result is correct.

BARHAM, J., dissents from the refusal. The Court of Appeal errs as a matter of law in the standard for the contributory negligence of plaintiff. Moreover, it errs in pretermitting the negligence of defendants, if negligence is the basis for recovery since that negligence may affect the degree of responsibility of plaintiff. Further, negligence may not be the proper basis for considering recovery. Plaintiff may be responsible...

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