Watts v. Spikes

ELLIS, Judge.

This is an appeal from a judgment of the district court sustaining an exception of no cause of action grounded upon the proposition that the plaintiff affirmatively alleged his own contributory negligence which constituted a bar to his recovery irrespective of the negligence of the defendant who left a parked unlighted truck in the highway. As stated by the district court, the gravamen of plaintiff’s petition is contained in Article 9 thereof which reads as follows:

“Petitioners further show that while the truck owned and operated 'by the said P. K. Spikes was sitting or parked in…