Sun Insurance Office, Ltd. v. Batiste

YARRUT, Judge.

This suit arises out of a collision between an automobile, driven by Mrs. Henry L. Oulliber, and one driven by Defendant, which occurred at the intersection of Williams Boulevard and Airline Highway in Kenner, Louisiana, on December 30, 1963 about 6:30 P.M. Plaintiff, Mrs. Oulliber’s subrogated insurer, seeks to recover property damage to Mrs. Oulliber’s automobile.

Judgment was first rendered for Plaintiff. Then the Trial Judge granted a new trial for re-argument, limited to the question of what effect, if any, should be given to Plaintiff’s failure to call as a witness (Mrs.…