TOLBERT v. RYDER

No. 5904.

345 So.2d 548 (1977)

Elsie Woodard TOLBERT et al., Appellants-Appellees, v. Firal RYDER et al., Appellants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied May 10, 1977.


Attorney(s) appearing for the Case

Mayer, Smith & Roberts by Alex F. Smith, Jr., Shreveport, for Continental Casualty.

Gold, Hall, Hammill & Little by Henry B. Bruser, III, Alexandria, for plaintiffs-appellants.

John J. McKeithen, Columbia, Watson, Murchison, Crews & Arthur by William P. Crews, Jr., Natchitoches, for Dept. of Public Safety.

Jack O. Brittain and Sam J. Friedman, Natchitoches, for Great American Ins. Co.

Cook, Clark, Egan, Yancey & King by Steven H. Beadles, Shreveport, for Northern Ins. Co. of America.

John Madison, Jr., Shreveport, for Dr. W. L. Ryder.

Before HOOD, FORET, and HEARD, JJ.


FORET, Judge.

At approximately 12:10 A.M. on November 26, 1974, a tractor-trailer owned by J. E. Fowler Petroleum Products, Inc. being driven by Floyd H. Tolbert struck a black angus cow on Louisiana Highway 1 some twelve miles south of Natchitoches, Louisiana. The tractor-trailer unit jack-knifed and left the highway where it turned over, spilling the trailer content (oil) onto the roadway and east shoulder. The driver...

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