Legal Opinion · Dissent

Seligman v. Holladay

Louisiana Court of Appeal

Decided May 4, 1934No. 4810Published

1DissentMills, Judge

The child in the case was hidden from the view of the motorist by the milk wagon until the boy driving the ear saw her leaving the curb. From that instant on the ear and the child were equally in plain view of each other. The law imposes the same duty on each to keep a lookout. The boy saw the child and immediately applied his brakes until they screamed, in an effort to avoid hitting the child. The child negligently tailed to see the car, made no effort to avoid it, hut continued to skip or run heedlessly across the street, up to the very instant it was struck. The accident did not occur at…

2Cases cited8 opinions

  1. Lynch v. KnoopSupreme Court of Louisiana · 1907
  2. Cusimano v. City of New OrleansSupreme Court of Louisiana · 1909
  3. Downey v. Baton Rouge Electric & Gas Co.Supreme Court of Louisiana · 1908
  4. Owens v. TisdaleLouisiana Court of Appeal · 1934
  5. Edmendorf v. ClarkSupreme Court of Louisiana · 1917

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