Eubanks v. Wilson

165 So. 2d 479 | La. | 1964

Lead Opinion

In re: American Indemnity Company applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Catahoula. 162 So.2d 842.

The application is denied. There appears no error of law in the judgment complained of.






Concurrence Opinion

SUMMERS, J.,

is of the opinion that William O. Eubanks was contributorily negligent. His first duty was to warn oncoming traffic with the flashlight. Instead he sought to rectify the motor of his vehicle. His failure to warn oncoming traffic was negligence.