JOCHUM v. CONTINENTAL INS. CO.

No. 7219.

327 So.2d 584 (1976)

Mrs. Sharon Jochum, wife of/and Henry JOCHUM, Individually and for the use and benefit of his minor son, Bart Jochum v. CONTINENTAL INSURANCE COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 16, 1976.


Attorney(s) appearing for the Case

Frank J. D'Amico and George H. Jones, New Orleans, for plaintiffs-appellees.

Christovich & Kearney, Robert E. Peyton, New Orleans, for defendant-appellant.

Before GULOTTA, SCHOTT and BEER, JJ.


SCHOTT, Judge.

Defendant appealed from a judgment in favor of plaintiffs for damages arising out of an automobile collision which occurred on June 26, 1970.

The trial record included only the testimony of plaintiff, Mrs. Jochum, and photographs of her vehicle. Defendant's driver had moved out of state and was not susceptible to subpoena. The officer who investigated the accident was also unavailable despite attempts by both parties to subpoena him. Plaintiff...

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