Home Ins. Co. v. Warren

29 Citing cases

  1. Michelli v. Rheem Mfg. Co.

    34 So. 2d 264 (La. Ct. App. 1948)   Cited 52 times

    Our brothers of the Second Circuit said: "Louisiana courts have uniformly held that one may not make a left turn across a highway unless that turn can be made without danger to normal overtaking and oncoming traffic. One of the late cases in point is that of Home Ins. Co. v. Warren et al., La. App., 29 So.2d 551."

  2. Washington Fire Marine Ins. Co. v. Firemen's Ins. Co.

    232 La. 379 (La. 1957)   Cited 93 times

    (Emphasis ours.) Among pertinent cases are Lane v. Bourgeois, La.App., 28 So.2d 91; Home Insurance Co. v. Warren, La.App., 29 So.2d 551; Michelli v. Rheem Mfg. Co., La.App., 34 So.2d 264; Malone v. Fletcher, La.App., 44 So.2d 352; Zurich Fire Ins. Co. of New York v. Thomas, La.App., 49 So.2d 460; and Codifer v. Occhipinti, La.App., 57 So.2d 697. In the last cited case the Court of Appeal for the Parish of Orleans aptly stated that "When such a left-hand turn is being made and an accident occurs, the burden rests heavily on the driver who is making the left-hand turn to explain how the accident occurred and to show that he was free from negligence."

  3. Welch v. Morgan

    225 Miss. 154 (Miss. 1955)   Cited 14 times

    Therefore, appellant was entitled to a directed verdict. Davidian v. Wendell (Miss.), 37 So.2d 570, 771; Home Ins. Co. v. Warren (La.), 29 So.2d 551; Lane v. Bourgeois (La.), 28 So.2d 91; Secs. 8189, 8192, 8196, Code 1942. II. The verdict was against the overwhelming weight of the evidence and cannot stand.

  4. Stamper v. Allstate Insurance Company

    223 So. 2d 489 (La. Ct. App. 1969)   Cited 1 times

    The Supreme Court in Washington Fire Marine Insurance Company v. Fireman's Insurance Company, 232 La. 379, 94 So.2d 295, 296 (1957) stated the law as follows: "* * * The cases are legion which hold that before making a left turn the driver of an automobile must ascertain that he may do so safely; not only is this cardinal rule of the road founded on common sense, but in our State is a positive enactment, incorporated in the Revised Statutes as R.S. 32:235, by the terms of which it is the mandatory duty of the driver of any vehicle on the highways of this State to ascertain, before turning upon any highway, that there is no traffic, vehicular or pedestrian, approaching from either direction which will be unduly delayed; and said driver ' shall yield right-of-way to such approaching traffic and shall not attempt to make a turn unless the way is clear.' Among pertinent cases are Lane v. Bourgeois, La. App., 28 So.2d 91; Home Insurance Co. v. Warren, La. App., 29 So.2d 551; Michelli v. Rheem Mfg. Co., La. App., 34 So.2d 264; Malone v. Fletcher, La. App., 44 So.2d 352; Zurich Fire Ins. Co. of New York v. Thomas, La. App., 49 So.2d 460; and Codifer v. Occhipinti, La. App., 57 So.2d 697. In the last cited case the Court of Appeal for the Parish of Orleans aptly stated that 'When such a left-hand turn is being made and an accident occurs, the burden rests heavily on the driver who is making the left-hand turn to explain how the accident occurred and to show that he was free from negligence.

  5. Robichaux v. Wyse

    216 So. 2d 369 (La. Ct. App. 1968)   Cited 1 times

    "* * * The cases are legion which hold that before making a left turn the driver of an automobile must ascertain that he may do so safely; not only is this cardinal rule of the road founded or common sense, but in our State is a positive enactment, incorporated in the Revised Statutes as R.S. 32:235, by the terms of which it is the mandatory duty of the driver of any vehicle on the highways of this State to ascertain, before turning upon any highway, that there is no traffic, vehicular or pedestrian, approaching from either direction which will be unduly delayed; and said driver ' shall yield right-of-way to such approaching traffic and shall not attempt to make a turn unless the way is clear.' (Emphasis ours.) Among pertinent cases are Lane v. Bourgeois, La. App., 28 So.2d 91; Home Insurance Co. v. Warren, La. App., 29 So.2d 551; Michelli v. Rheem Mfg. Co., La. App., 34 So.2d 264; Malone v. Fletcher, La. App., 44 So.2d 352; Zurich Fire Ins. Co. of New York v. Thomas, La. App., 49 So.2d 460; and Codifer v. Occhipinti, La. App., 57 So.2d 697. In the last cited case the Court of Appeal for the Parish of Orleans aptly stated that 'When such a left-hand turn is being made and an accident occurs, the burden rests heavily on the driver who is making the left-hand turn to explain how the accident occurred and to show that he was free from negligence.' 57 So.2d at page 699.

  6. Wheeler v. Simonton

    215 So. 2d 359 (La. Ct. App. 1968)   Cited 11 times
    In Wheeler v. Simonton, 215 So.2d 359, 360 (La.App. 2d Cir. 1968) we recognized the principle of Nelson v. Zurich Ins. Co., supra, that courts must determine fault to protect the rights of innocent guest passengers in two-car collision cases.

    The law pertaining to the left turn maneuver in this State is very aptly set forth in Washington Fire Marine Insurance Company v. Fireman's Insurance Company, 232 La. 379, 94 So.2d 295, 296 (1957), as follows: "* * * The cases are legion which hold that before making a left turn the driver of an automobile must ascertain that he may do so safely; not only is this cardinal rule of the road founded on common sense, but in our State is a positive enactment, incorporated in the Revised Statutes as R.S. 32:235, by the terms of which it is the mandatory duty of the driver of any vehicle on the highways of this State to ascertain, before turning upon any highway, that there is no traffic, vehicular or pedestrian, approaching from either direction which will be unduly delayed; and said driver ' shall yield right-of-way to such approaching traffic and shall not attempt to make a turn unless the way is clear.' Among pertinent cases are Lane v. Bourgeois, La. App., 28 So.2d 91; Home Insurance Co. v. Warren, La. App., 29 So.2d 551; Michelli v. Rheem Mfg. Co., La. App., 34 So.2d 264; Malone v. Fletcher, La. App., 44 So.2d 352; Zurich Fire Ins. Co. of New York v. Thomas, La. App., 49 So.2d 460; and Codifer v. Occhipinti, La. App., 57 So.2d 697. In the last cited case the Court of Appeal for the Parish of Orleans aptly stated that 'When such a left-hand turn is being made and an accident occurs, the burden rests heavily on the driver who is making the left-hand turn to explain how the accident occurred and to show that he was free from negligence.

  7. Arnold v. Olinde Hardware Supply Co.

    150 So. 2d 317 (La. Ct. App. 1963)   Cited 2 times

    The cases are legion which hold that before making a left turn the driver of an automobile must ascertain that he may do so safely; not only is this cardinal rule of the road founded on common sense, but in our State is a positive enactment, incorporated in the Revised Statutes as R.S. 32:235, by the terms of which it is the mandatory duty of the driver of any vehicle on the highways of this State to ascertain, before turning upon any highway, that there is no traffic, vehicular or pedestrian, approaching from either direction which will be unduly delayed; and said driver `shall yield right-of-way to such approaching traffic and shall not attempt to make a turn unless the way is clear.' (Emphasis ours.) Among pertinent cases are Lane v. Bourgeois, La.App., 28 So.2d 91; Home Insurance Co. v. Warren, La.App., 29 So.2d 551; Michelli v. Rheem Mfg. Co., La.App., 34 So.2d 264; Malone v. Fletcher, La.App., 44 So.2d 352; Zurich Fire Ins. Co. of New York v. Thomas, La.App., 49 So.2d 460; and Codifer v. Occhipinti, La.App., 57 So.2d 697. In the last cited case the Court of Appeal for the Parish of Orleans aptly stated that `When such a left-hand turn is being made and an accident occurs, the burden rests heavily on the driver who is making the left-hand turn to explain how the accident occurred and to show that he was free from negligence.' 57 So.2d at page 699.

  8. Deshotels v. United States Fire Insurance Company

    132 So. 2d 504 (La. Ct. App. 1961)   Cited 17 times

    "The cases are legion which hold that before making a left turn the driver of an automobile must ascertain that he may do so safely; not only is this cardinal rule of the road founded on common sense, but in our State is a positive enactment, incorporated in the Revised Statutes as R.S. 32:235, by the terms of which it is the mandatory duty of the driver of any vehicle on the highways of this State to ascertain, before turning upon any highway, that there is no traffic, vehicular or pedestrian, approaching from either direction which will be unduly delayed; and said driver ' shall yield right-of-way to such approaching traffic and shall not attempt to make a turn unless the way is clear.' (Emphasis ours.) Among pertinent cases are Lane v. Bourgeois, La. App., 28 So.2d 91; Home Insurance Co. v. Warren, La. App., 29 So.2d 551; Michelli v. Rheem Mfg. Co., La. App., 34 So.2d 264; Malone v. Fletcher, La. App., 44 So.2d 352; Zurich Fire Ins. Co. of New York v. Thomas, La. App., 49 So.2d 460; and Codifer v. Occhipinti, La. App., 57 So.2d 697. In the last cited case the Court of Appeal for the Parish of Orleans aptly stated that 'When such a left-hand turn is being made and an accident occurs, the burden rests heavily on the driver who is making the left-hand turn to explain how the accident occurred and to show that he was free from negligence.' 57 So.2d at page 699.

  9. Bouwell v. Marquette Casualty Company

    125 So. 2d 168 (La. Ct. App. 1961)   Cited 7 times
    In Bouwell v. Marquette Casualty Company, 125 So.2d 168 (1960), the Court of Appeal, Fourth Circuit, approved a $4500 award to a man who sustained a fracture of the first vertebrae of the lumbar segment of the spine, was required to wear a brace, was confined to his bed for two weeks and was unable to return to work until approximately six months after the accident.

    (Emphasis ours.) Among pertinent cases are Lane v. Bourgeois, La. App., 28 So.2d 91; Home Insurance Co. v. Warren, La. App., 29 So.2d 551; Michelli v. Rheem Mfg. Co., La. App., 34 So.2d 264; Malone v. Fletcher, La. App., 44 So.2d 352; Zurich Fire Ins. Co. of New York v. Thomas, La. App., 49 So.2d 460; and Codifer v. Occhipinti, La. App., 57 So.2d 697. In the last cited case the Court of Appeal for the Parish of Orleans aptly stated that 'When such a left-hand turn is being made and an accident occurs, the burden rests heavily on the driver who is making the left-hand turn to explain how the accident occurred and to show that he was free from negligence.' 57 So.2d at page 699.

  10. McKay v. Southern Farm Bureau Casualty Company

    123 So. 2d 658 (La. Ct. App. 1961)   Cited 10 times

    "The cases are legion which hold that before making a left turn the driver of an automobile must ascertain that he may do so safely; not only is this cardinal rule of the road founded on common sense, but in our State is a positive enactment, incorporated in the Revised Statutes as R.S. 32:235, by the terms of which it is the mandatory duty of the driver of any vehicle on the highways of this State to ascertain, before turning upon any highway, that there is no traffic, vehicular or pedestrian approaching from either direction which will be unduly delayed; and said driver ' shall yield right-of-way to such approaching traffic and shall not attempt to make a turn unless the way is clear.' (Emphasis ours.) Among pertinent cases are Lane v. Bourgeois, La. App., 28 So.2d 91; Home Insurance Co. v. Warren, La. App., 29 So.2d 551; Michelli v. Rheem Mfg. Co., La. App., 34 So.2d 264; Malone v. Fletcher, La. App., 44 So.2d 352; Zurich Fire Ins. Co. of New York v. Thomas, La. App., 49 So.2d 460, and Codifer v. Occhipinti, La. App., 57 So.2d 697. In the last cited case the Court of Appeal for the Parish of Orleans aptly stated that 'When such a left-hand turn is being made and an accident occurs, the burden rests heavily on the driver who is making the left-hand turn to explain how the accident occurred and to show that he was free from negligence.' 57 So.2d at page 699.