Cited by
Opinions in Louisiana that cite Vowell v. Manufacturers Casualty Insurance Co., 86 So. 2d 909.
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Lagarde v. Smith
169 So. 2d 578
La. Ct. App. 1st Cir. 1964
Cases wherein parking was a factor include Smith v. Henry, La.App., (2nd Cir. 1962); Graham v. Hartford Accident & Indemnity Company, La.App., (2nd Cir. 1963) and Vowell v. *581 Manufacturing Casualty Company, , (1956).
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Edwards v. Trahan
168 So. 2d 365
La. Ct. App. 3d Cir. 1964
Graham v. Hartford Accident and Indemnity Co., La.App.
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Granger v. Travelers Insurance Co.
167 So. 2d 211
La. Ct. App. 1st Cir. 1964
Co., , ; Dodge v. Bituminous Casualty Co., 214 La.
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Eubanks v. Wilson
162 So. 2d 842
La. Ct. App. 3d Cir. 1964
2d 720 ; , ; and Suire v. Winters, 233 La.
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LeNormand v. Hardware Mutuals Insurance
163 So. 2d 135
La. Ct. App. 1st Cir. 1964
wherein the Supreme Court said: “Our rule that a motorist traveling on the public highways after dark or during a rainstorm, fog, or other abnormal condition, which prevents him seeing ahead, except imperfectly, and *138 for a short time and distance, must guard against striking objects in the road wi
- Carona v. Southern Farm Bureau Casualty Insurance 164 So. 2d 138 La. Ct. App. 1st Cir. 1964
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Graham v. Hartford Accident and Indemnity Co.
159 So. 2d 333
La. Ct. App. 2d Cir. 1964
(1956): "Our rule that a motorist traveling on the public highways after dark or during a rainstorm, fog, or other abnormal condition, which prevents him seeing *336 ahead, except imperfectly, and for a short time and distance, must guard against striking objects in the road with which he may be suddenl
- Neuburger v. State ex rel. State Department of Highways 162 So. 2d 183 La. Ct. App. 1st Cir. 1964
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Gregoire v. Ohio Casualty Insurance Co.
158 So. 2d 379
La. Ct. App. 1st Cir. 1964
We note further the rulings in the Tauzier and Puissegur cases, supra, , , which held a motorist traveling by night is not charged with the duty of guarding against striking an unexpected or unusual obstruction which he had no reason to anticipate he would encounter on the highway.
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Wollerson v. Arkansas-Louisiana Gas Co.
159 So. 2d 403
La. Ct. App. 1st Cir. 1963
1031 , (1940); , (1956); Robards v. American Automobile Insurance Co., (La.App.
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Smith v. Henry
147 So. 2d 416
La. Ct. App. 2d Cir. 1962
In Vowell v. Manufacturers Casualty Insurance *420 Company, , (1956), the Supreme Court recognized and applied the rule that a motorist traveling by night is not charged with the duty of guarding against striking an unexpected or unusual obstruction, which he had no reason to anticipate he would encounter on the highway, citing Jacobs v. Jacobs, 141 La.
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Ramsey v. Langston
140 So. 2d 775
La. Ct. App. 2d Cir. 1962
Co., , (1956) as: "Our rule that a motorist traveling on the public highways after dark or during a rainstorm, fog, or other abnormal condition, which prevents him seeing ahead, except imperfectly, and for a short time and distance, must guard against striking objects in the road with which he may be suddenly
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Mose v. Insurance Co. of State of Pennsylvania
134 So. 2d 312
La. Ct. App. 1st Cir. 1961
Co. et al., , , 913 in which *316 plaintiff’s pickup truck struck an unlighted lumber truck parked partially on the highway opposite a milk truck.
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Peats v. Martin
133 So. 2d 920
La. Ct. App. 2d Cir. 1961
Carter v. Le Blanc Lumber Co., La.App.
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Lewis v. Quebedeaux
134 So. 2d 93
La. Ct. App. 3d Cir. 1961
Co., , ; Rea v. Dow Motor Co., La.App.
- Ardoin v. Southern Farm Bureau Casualty Ins. Co. 133 So. 2d 129 La. Ct. App. 3d Cir. 1961
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Holt v. All State Insurance
131 So. 2d 348
La. Ct. App. 1st Cir. 1961
796 , , 913: “Our rule that a motorist traveling on the public highways after dark or during a rainstorm, fog, or other abnormal condition, which prevents him seeing ahead, except imperfectly, and for a short time and distance, must guard against striking objects in the road with which he may be suddenly confronted, constit
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Holland v. United States Fidelity & Guaranty Co.
131 So. 2d 574
La. Ct. App. 2d Cir. 1961
This same contention was advanced in the case of Vowell v. Manufacturers Casualty Insurance Company, 1956, , ; and in connection therewith the Supreme Court stated: "Our rule that a motorist traveling on the public highways after dark or during a rain storm, fog, or other abnormal condition, which prevents him from seeing ahead, except imperfectly, and for a short time and distance, must guard against str
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United States Fidelity & Guaranty Co. v. Powell
131 So. 2d 168
La. Ct. App. 1st Cir. 1961
915 , ; , ; Kirk v. United Gas Public Service Co., 185 La.
- Robards v. American Automobile Insurance Co. 128 So. 2d 44 La. Ct. App. 1st Cir. 1961
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Broussard v. American Insurance Co.
127 So. 2d 587
La. Ct. App. 1st Cir. 1961
Company, , ; Kirk v. United Gas Public Service Co., 185 La.
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D & D PLANTING CO. v. Employers Casualty Co.
124 So. 2d 908
La. 1960
229 , ; , ; Capitol Transport Co., Inc. v. A. R. Blossman, 218 La.
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Fontenot v. LaFleur
124 So. 2d 607
La. Ct. App. 3d Cir. 1960
Co., , ; Fisher v. Norwich Union Fire Ins.
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Josey v. Granite State Fire Insurance Company
122 So. 2d 303
La. Ct. App. 2d Cir. 1960
The general principle was somewhat recently stated in the opinion of the Supreme Court in Vowell v. Manufacturers Casualty Insurance Co., et al., , , 913, as follows: "* * * A motorist traveling by night is not charged with the duty of guarding against striking an unexpected or unusual obstruction, which he had no reason to anticipate he would encounter on the highway."
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Fisher v. Norwich Union Fire Insurance Society, Ltd.
119 So. 2d 562
La. Ct. App. 1st Cir. 1960
Co., , , at page 913) and is exculpated from negligence contributing to an accident alleged to arise from his failure to perceive such unexpected or unusual obstruction in his path, in the absence of a reasonable opportunity to observe the obstruction and thereafter to avoid the accident.
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Page v. Northern Insurance Company of New York
117 So. 2d 279
La. Ct. App. 2d Cir. 1959
Company, , ; Kirk v. United Gas Public Service Co., 185 La.
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Brown v. Employers Mutual Liability Insurance
116 So. 2d 861
La. Ct. App. 1st Cir. 1959
Co., , , at page 913) and is exculpated from negligence contributing to an accident alleged to arise from his failure to perceive such unexpected or unusual obstruction in his path, in the absence of a reasonable opportunity to observe the obstruction and thereafter to avoid the accident.
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Puissegur v. Louque
113 So. 2d 795
La. Ct. App. 1st Cir. 1959
Our latest case recognizing an exception to the Assured Clear Distance Rule is Vowell *800 v. Manufacturers Casualty Insurance Co. [ , ].
- Tauzier v. Bondio 111 So. 2d 756 La. 1959
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Washington Fire & Marine Insurance v. Canal Insurance
110 So. 2d 231
La. Ct. App. 1st Cir. 1959
Co., , ; Dodge v. Bituminous Cas.
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Pennsylvania Fire Insurance v. Wright
110 So. 2d 235
La. Ct. App. 1st Cir. 1959
Casualty Insurance Co., , .
- Ferguson v. Highway Insurance Underwriters 109 So. 2d 289 La. Ct. App. 1st Cir. 1959
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Myers v. American Chain & Cable Co.
109 So. 2d 270
La. Ct. App. 1st Cir. 1959
Company, , ; Kirk v. United Gas Public Service Co., 185 La.
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Mouton v. Pacific Indemnity Co.
102 So. 2d 563
La. Ct. App. 1st Cir. 1958
Co., , ; Dodge v. Bituminous Casualty Corp., 214 La.
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Hebert v. Spano
101 So. 2d 713
La. Ct. App. 1st Cir. 1958
Co., , ; Dickson v. Peters, La.App., and Treadaway v. Marphis, La.App., .
- Touchet v. Miller 100 So. 2d 275 La. Ct. App. 1st Cir. 1958
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Towles v. Jones
98 So. 2d 263
La. Ct. App. 1st Cir. 1957
377 , Vowell v. Manufacturers *268 Casualty Insurance Company, , , and Warnick v. Louisiana Highway Commission, La.App., .
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Suire v. Winters
97 So. 2d 404
La. 1957
we considered the situation and circumstances surrounding an accident in which the operator of a pickup truck ran into the rear of a lumber truck parked on the highway; and under the facts and circumstances of that case we held that the plaintiff was free from contributory negligence, saying: “Ou
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Cormier v. Southern Farm Bureau Casualty Ins. Co.
94 So. 2d 901
La. Ct. App. 1st Cir. 1957
Co., , , and Dodge v. Bituminous Cas.
- Rizley v. Cutrer 95 So. 2d 139 La. 1957
- Senegal v. Thompson 91 So. 2d 865 La. Ct. App. 1st Cir. 1956
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State v. Baum
88 So. 2d 209
La. 1956
796 , ; State v. Crovetto, 229 La.
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State v. Mills
88 So. 2d 210
La. 1956
796 , ; State v. Crovetto and Carbo, 229 La.
- State v. Dominguez 88 So. 2d 660 La. 1956
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State v. Forsyth
87 So. 2d 608
La. 1956
796 , ; and State v. Crovetto, 229 La.
- Graham v. Manufacturers Casualty Insurance 86 So. 2d 916 La. 1956
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Dyck v. Manufacturers Casualty Insurance
86 So. 2d 915
La. 1956
are equally applicable to the instant case, and our decision therein is controlling here.
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Salmon v. Manufacturers Casualty Insurance
86 So. 2d 915
La. 1956
are equally applicable to the instant case, and our decision therein is controlling here.