Lynch v. Fisher

This matter comes before us on appeal from judgment of the Eleventh Judicial District Court of Louisiana sustaining exceptions of no cause or right of action filed on behalf of all defendants and dismissing plaintiff's action as of nonsuit.

The allegations of the petition which are placed at issue as to their sufficiency in setting forth the cause of action in the exceptions referred to, and which set forth the facts upon which plaintiff's action is based, may be summarized as follows:

That about 9:00 p.m. on July 3, 1945, an employee of the defendants, Wheless and Fisher, (whose insurer is the…