American Fidelity Fire Insurance v. Southern Railway Co.

JANVIER, Judge.

This action ex delicto1 results from a collision between an automobile owned and operated by Samuel J. Fair and a diesel locomotive of New Orleans Terminal Company. As Fair, alone in his car and driving it in an uptown direction on North Prieur Street, attempted to cross tracks of the New Orleans Terminal Company, the car came into contact with the locomotive and sustained damage.

Fair had secured from American Fidelity Fire Insurance Company a policy of insurance in which the insurer had agreed that if the car should sustain damage in collision, he, the owner, would pay the…