BAUMGARTNER v. STATE FARM MUT. AUTO. INS. CO.

No. 7653.

346 So.2d 277 (1977)

Mrs. Vera Ruppel BAUMGARTNER et al. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 7, 1977.


Attorney(s) appearing for the Case

Frans J. Labranche, Jr., Connolly, Labranche & Lagarde, New Orleans, for plaintiffs-appellees.

Harvey L. Strayhan, Sessions, Fishman, Rosenson, Snellings & Boisfontaine, New Orleans, for defendants-appellants.

Before REDMANN, GULOTTA, BOUTALL, MORIAL and BEER, JJ.


REDMANN, Judge.

Defendants, an automobile driver and his insurer, appeal from a judgment in favor of plaintiffs, the widow and children of a pedestrian who died from injuries after being hit by defendant driver. Plaintiffs by answer seek increase in quantum. We conclude that the physical evidence prevents the trial court's finding of liability.

The accident occurred at night. Defendant was driving with his headlights on in his left lane of the side of Canal...

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