Landry v. Meligan

I agree with the majority opinion that the plaintiff was negligent in stopping his automobile on the main traveled portion *785of the highway at night. However, I do not agree that the defendant was negligent in failing to see the stalled vehicle in time to avoid the accident.

I agree with the majority that the record supports defendants’ version of the accident. Defendant testified that as he approached plaintiffs stalled vehicle he could see nothing until he suddenly saw the plaintiff run from the left rear of the automobile toward the right shoulder of the highway. It is apparent that the…