Indemnity Ins. Co. v. Houston Fire Casualty Ins. Co.

Full title: INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, PLAINTIFF-APPELLANT, v…

Court: Court of Appeal of Louisiana, First Circuit

Date published: Jun 30, 1955

81 So. 2d 572 (La. Ct. App. 1955)

Opinion

No. 4033.

June 30, 1955.

APPEAL FROM 17th JUDICIAL DISTRICT COURT, LAFOURCHE PARISH, STATE OF LOUISIANA, HONORABLE P. DAVIS MARTINEZ, J.

Lemle Kelleher, H.M. Hunley, Jr., New Orleans, for appellant.

Bienvenu Culver, New Orleans, for appellee.

TATE, Judge.

This is a companion case to that of Chouest v. Remont, 81 So.2d 568, arising out of the same accident. This is a subrogation suit by the collision insurer of F.M. Farrell against the liability insurer of Mrs. Alcide Remont. For the reasons discussed in the opinion in the companion case, since the negligence of Farrell was a concurrent proximate cause of the accident with the negligence of Mrs. Remont, plaintiff herein is barred from recovery by the contributory negligence of F.M. Farrell.

Accordingly, judgment of the lower court dismissing plaintiff-appellant's suit is affirmed at its cost.