Downs v. Underwriters at Lloyd's, London

AYRES, Judge.

This appeal is from a. judgment of the district court sustaining an exception of no cause of action, purportedly on the theory that the petition alleges contributory negligence on the part of the plaintiff,. Mrs. Omie W. Downs. This action was originally instituted against -Underwriters, at Lloyd’s, London, England, but Leslie Percy Fowle has been substituted as the proper party defendant.

In considering the questions" -involved on this appeal, there are certain well recognized principles of law to be applied. There is first the rule that for the purpose of passing on an exception…