Long v. Travelers Insurance Co.

AYRES, Judge.

Plaintiff instituted this action to recover the value of a cow which was killed when struck by an automobile driven by G. M. McCartney, defendant’s assured. Negligence charged to the motorist consisted of his failure to keep a proper lookout for animals on the highway. The defense was (1) that, as to the motorist, the accident was unavoidable and (2) that, under LSA-R.S. 3:2801 et seq., plaintiff was under a statutory obligation to keep his cattle off the public highway. Concluding that defendant’s driver was traveling at a relatively fast rate of speed over a road then under…