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JOHNSON v. OWEN

No. 8501.

359 So.2d 272 (1978)

Johnnie JOHNSON v. John P. OWEN and New Orleans Public Service, Inc. (Consolidated with No. 8502, Rebecca Davis, Widow of Frank Schief, Jr., Rose Mary Schief, Wife of Henry Fox, Eva Lee Schief, Wife of Clarence Lee, Jr., and Wallace Calvin Schief vs. John P. Owen and New Orleans Public Service, Inc., and No. 8503, Jeanette Johnson, Wife of and Warren Johnson vs. New Orleans Public Service, Inc. and John B. Owens, and No. 8504, Donna Scipio, Wife of/and Lester Nicholas vs. New Orleans Public Service, Inc., and John B. Owen, and No. 8505, Pedro Chamorra, et al. vs. New Orleans Public Service, et al., and No. 8506, Patricia Sanders and Edna Leon vs. New Orleans Public Service, Inc., Gerald Blackwell, John P. Owen, ABC Insurance Company and XYZ Insurance Company, and No. 8507, Ms. Debra Alexander vs. New Orleans Public Service, Inc. & John B. Owens).

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 13, 1978.

Attorney(s) appearing for the Case

Charles R. Maloney, New Orleans, for plaintiff-appellee.

Floyd F. Greene, New Orleans, for defendant-appellant.

Before REDMANN, LEMMON, GULOTTA, SCHOTT and GARSAUD, JJ.

LEMMON, Judge.

Defendant has appealed from judgments in seven consolidated cases which found its bus driver liable in an intersectional collision. The appeals primarily question whether the bus driver had time to avoid the accident after he saw or should have seen the automobile violate his right of way.

The accident occurred on a clear, dry afternoon at the intersection of Elysian Fields Avenue and North Prieur Street. At that point Elysian Fields was a large...

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