Jones v. Tidwell

AYRES, Judge.

This is an appeal by plaintiffs from a judgment dismissing their suit ex delicto in *58response to an exception of no cause of action.

The basis of the exception is that plaintiffs’ petition affirmatively discloses contributory negligence on the part of plaintiff driver in violation of LSA-R.S. 32:233 and 32:234, that is, by attempting to pass a forward vehicle on its right.

Inasmuch as we are required, on trial of an exception of no cause of action, to accept as true all well-pleaded allegations of fact, a brief review of the material and pertinent facts is deemed necessary. From…