FOXWORTH v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

No. 6643.

308 So.2d 348 (1975)

Daniel FOXWORTH v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 12, 1975.


Attorney(s) appearing for the Case

Ben C. Toledano, E. Ross Buckley, Jr., Porteous, Toledano, Hainkel & Johnson, New Orleans, for State Farm Mut. Auto. Ins. Co. and Harold G. Kelt, Jr. d/b/a Kelt Ice Co., defendants-appellants.

Robert M. Caswell, Kronlage, Dittman & Caswell, New Orleans, for Daniel Foxworth, plaintiff-appellee.

Before BOUTALL, SCHOTT and MORIAL, JJ.


BOUTALL, Judge.

This case arises out of an injury suffered by the plaintiff while seated in the driveway of the Kelt Ice Company, owned by Harold G. Kelt, Jr. The driveway is a narrow driveway bordered by the H & K Oyster House and a house fronting N. Claiborne Avenue. At the rear of the driveway is the Kelt Ice House.

Plaintiff was a 65 year old ex-prize-fighter who had a habit of drinking a little too much. During the course of the evening Kelt had seen...

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