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JONES v. ROUSSEAU

No. 10166.

370 So.2d 600 (1979)

Leon JONES v. Irwin J. ROUSSEAU and Travelers Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 17, 1979.

Writs Refused June 25, 1979.

Attorney(s) appearing for the Case

Robert Henry Sarpy, Jr., John L. Dorsey, New Orleans, for relator.

Darleen M. Jacobs, Steven A. Watts, New Orleans, for respondents.

Before BOUTALL, SCHOTT and GARRISON, JJ.

We granted certiorari to review the correctness of a decision to strike a plea of contributory negligence.

The plaintiff, Leon Jones, filed suit for damages for an injury arising out of a pedestrian-automobile accident. The petition alleges that plaintiff was attempting to cross the street when struck by the auto driven by Irwin J. Rousseau, one of the defendants. Rousseau and his insurer answered by denying any negligence on their part and by setting out the affirmative...

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