McCartney v. Allstate Insurance Co.

AYRES, Judge.

This is an action in tort predicated upon uninsured-motorist provisions of a public *391liability insurance policy issued plaintiff by defendant. The cause of action is based on an accident of February 28, 1965, allegedly occurring when plaintiff, while walking on East Texas Street in Bossier City, was struck by an uninsured motor vehicle driven by Willie T. (Mae) Davenport.

The trial court, although finding the motorist free from fault, concluded that, even should she have been negligent, plaintiff was obviously guilty of contributory negligence which would bar his recovery. From an…