Opinion
No. 1506.
October 27, 1965. Rehearing Denied November 17, 1965.
Appeal from Eleventh Judicial District Court, Parish of Sabine; John S. Pickett, Judge.
Blanchard, Walker, O'Quin Roberts, by Joseph W. Milner, Shreveport, for defendant-appellant, Fidelity Casualty Company of New York.
E.L. Edwards, Jr., Many, for defendant-appellee, Horace M. Howard.
Booth, Jack, Pleasant LeSage, by L.L. Lockard, for plaintiff-appellant-appellee.
Cook, Clark, Egan, Yancey King, by Benjamin C. King, Shreveport, for defendant-appellee, Employers Fire Insurance Company.
Before FRUGÉ, HOOD and CULPEPPER, JJ.
This is a companion case with 179 So.2d 522, decided this date. The present plaintiff appealed insofar as his claim was rejected against the Employers Fire Insurance Company, liability insurer of Howard, the driver in whose car plaintiff's minor son was riding as passenger. For the reasons set forth in the companion suit, we affirm the judgment of the district court in favor of Edward E. Campbell, Sr., individually and for the estate of his minor son, Edward E. Campbell, Jr., against Fidelity Casualty Company of New York. However, the judgment is reversed insofar as it rejected the demand against the defendant Employers Fire Insurance Company, which we now hold liable unto the plaintiff in solido with Fidelity Casualty (subject to Employers' policy limits).
Fidelity Casualty Company of New York and Employers Fire Insurance Company are cast in solido for all trial and appellate costs of these proceedings.
Amended and affirmed.
On Application for Rehearing.
En Banc. Rehearing denied.
HOOD, J., is of the opinion that a rehearing should be granted.