Cashio v. Moody

I,EAR, Judge

(dissenting).

I must respectfully disagree with the majority opinion in the above.

Being thoroughly in accord with the finding that young Moody was guilty of operative negligence, I do not find that defendant has carried the burden of proof required before plaintiff is denied recovery because of his own negligence. The rule that the contributory negligence of plaintiff must be shown by a fair preponderance of the evidence applies in this case as in all others. McCandless v. Southern Bell Telephone & Telegraph Co., 239 La. 983, 120 So.2d 501.

The plaintiff herein, in attempting to…