Opinion
No. 3765.
March 2, 1972. Rehearing Denied April 18, 1972. Writ Refused May 25, 1972.
APPEAL FROM 12TH JUDICIAL DISTRICT COURT, PARISH OF AVOYELLES, EARL EDWARDS, J.
C. Monk Simons, III, New Orleans, and Helm, Jones Fletcher, by David H. Burrow, Houston, Tex., for plaintiff-appellant.
Gold, Hall, Hammill Little by John F. Simon, Alexandria, for defendants-appellees.
Before FRUGÉ, SAVOY and HOOD, JJ.
Plaintiff seeks damages for personal injuries sustained when the automobile which he was driving collided with the left side of a bright, shiny steel tank truck at 9:15 p.m. on a summer evening when the weather was clear and dry. Defendants are the owner of the milk truck and his insurer. We have thoughtfully studied the evidence and conclude that it well supports the District Judge's finding that plaintiff was contributorily negligent. Accordingly, the judgment appealed is affirmed. All costs of this appeal are assessed against the plaintiff-appellant.
Affirmed.
SAVOY, J., dissents, being of the opinion that the sole cause of the accident was the negligence of the milk driver in blocking the highway.