Middleton v. Seither

Plaintiff, Middleton, was driving his automobile on Metairie road alongside Metairie cemetery and a few hundred feet from the New Basin shell road, when he was run into by an automo•bile owned and driven by defendant Seither. The damages sustained by plaintiff’s car amounted to $297.55, and for this amount he brings suit.

It is conceded that plaintiff was in no way at fault himself, as his car was on the correct side of the road, was being operated at a moderate rate of speed, and as there was nothing which he could do to avoid the accident. Defendant, however, contends that he is not liable…