Alfonso v. Continental Insurance Co.
Also decided on this docket: La. Ct. App. 1st Cir., March 10, 1971 245 So. 2d 451; La. Ct. App. 1st Cir., January 15, 1970 230 So. 2d 768; La. Ct. App. 1st Cir., June 28, 1927 6 La. App. 648; La., May 15, 1873 25 La. Ann. 383
Alfonso v. Continental Insurance Co., 207 So. 2d 854 (La. Ct. App. 1st Cir. 1968).
Cited by
- Rumby v. Cooperative Cab Co. 207 So. 2d 855 La. Ct. App. 1st Cir. 1968
- Tessitore v. McCarthy 207 So. 2d 852 La. Ct. App. 1st Cir. 1968
Authorities cited
Identified automatically; this list may not be exhaustive.
- Tessitore v. McCarthy 207 So. 2d 852
- Rumby v. Cooperative Cab Co. 207 So. 2d 855
Opinion text
JOHNSON, Judge. There was judgment for the plaintiff in this property damage claim and defendant appealed. Three suits grew out of an automobile accident and the suits were consolidated in this court for argument. The companion cases are No. 2913 of the docket of this court entitled Frank A. Tessitore v. Mrs. Margie McCarthy and Niagara Fire Insurance Company, 207 So.2d 852 , and No. 2915, Rosalie Rumby v. Cooperative Cab Company, Inc., St. Louis Fire and Marine Insurance Company and Niagara Fire Insurance Company, 207 So.2d 855 . In the Tessitore case the court affirmed the decision of the trial court which held that the accident and resultant damages were caused by the sole negligence of Mrs. McCarthy and that there was no negligence on the part of Tessitore, the driver of the cab. That ruling and the discussion of the evidence also apply here. One of the defendants in this case, Niagara Fire Insurance Company, filed a third party petition herein making Tessitore and the Cooperative Cab Company (later amended by pleading) third party defendants, which third party claim was dismissed by the trial court. Plaintiff in this case was the owner of the taxicab which Tessitore was driving. There was no dispute about the amount of the damage to her vehicle and there is no need to discuss further the matter of liability. Therefore, the judgment appealed from herein is correct and it is affirmed with costs to be paid by appellant. Affirmed.