Excel Insurance v. Continental Casualty Co.

LUTHER E. HALL, Judge pro tem.

Edward Simpson, Jr., and his subrogated collision insurer sued Continental Casualty Company, the public liability insurer of Mrs. Mildred O. Pourciau for $670.30 damages to Simpson’s car resulting from a collision with Mrs. Pourciau’s car on July 22, 1960 in the intersection of St. Philip and Treme Streets in the city of New Orleans.

There was judgment below in favor of the plaintiffs and defendants appealed.

The facts are not disputed. The accident occurred during daylight hours, the weather was clear, and the streets were dry. Mrs. Pourciau was driving her…