Plaisance v. Smith

BAILES, Judge.

Plaintiff, individually and as tutrix of her two children, brings this tort action to recover damages for the alleged wrongful death of her husband, Curtis Joseph Plaisance. The defendant is Mrs. Helen R. Smith, driver of the automobile which struck and killed Mr. Plaisance. After trial on the merits, the court a quo rejected the demands of the plaintiff and dismissed the action. From this adverse judgment plaintiff appealed. We find the judgment is correct and, accordingly, we affirm.

For a cause of action, plaintiff alleges that while her deceased husband was walking in the…