Gutherie v. Highway Ins. Underwriters
Also decided on this docket: La. Ct. App. 1st Cir., May 15, 1980 383 So. 2d 1387; La. Ct. App. 1st Cir., October 13, 1976 338 So. 2d 779; La. Ct. App. 1st Cir., April 14, 1969 221 So. 2d 880; La. Ct. App. 1st Cir., December 8, 1919 3 Pelt. 142; La., July 1, 1880 1 Mann. Unrep. Cas. 240
Gutherie v. Highway Ins. Underwriters, 51 So. 2d 828 (La. Ct. App. 1st Cir. 1951).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Marks v. Highway Ins. Underwriters 51 So. 2d 819
Opinion text
KENNON, Judge. In this suit John W. Gutherie, owner and driver of the bus involved in consolidated cases numbered 7639, 7640, 7641, 7642 and 7643, 51 So.2d 819, 826, 826, 827, 827 , seeks to recover against the Highway Insurance Underwriters only the sum of $892.39, representing the damages sustained by his bus in the collision which formed the basis for the above numbered cases. Defendant denied all allegations of negligence on the part of the driver of the Claunch truck and asserted that the accident resulted solely from the fault of Guth-erie in failing to slow his bus, turn same to the right, or apply his brakes. In the alternative, in the event the Court should find the driver of the Claunch truck negligent, this defendant pleaded the above listed acts on the part of the bus driver as contributory negligence barring his recovery in this suit. In view of our finding that Gutherie was guilty of none of the acts of contributory negligence charged against him, and for the reasons assigned in Marks v. Highway Ins. Underwriters, La.App., 51 So.2d 819 , the judgment appealed from is affirmed, with costs.