St. Amand v. Petro Sales, Inc.

TATE, Judge.

The plaintiffs, a driver and his collision insurer, appeal from the dismissal of their tort suit. The chief issue is whether the trial court committed manifest error in holding that the plaintiff driver was con-tributorily negligent because of excessive speed.

The suit arises from an accident occurring after dark at 9:00 P.M. on July 30, 1962. It took place in the open country On Louisiana Highway 10, a principal state route between Opelousas and Alexandria.

Immediately prior to the accident, the plaintiff St. Amand was driving south towards Opelousas. At that time, a large…