Legal Opinion · Dissent

Brantley v. Brown

Louisiana Court of Appeal

Decided February 29, 1972No. 11796Published

1DissentHeard, Judge

I must respectfully dissent from the majority opinion from its finding that Mrs. Myles had not preempted the intersection. The rule as to what constitutes preemption is set forth in Faia v. Service Fire Insurance Company, La.App., 145 So.2d 116 (4th Cir.1962), the court stating:

“As stated above, preemption of an intersection by a motorist is the entrance by the motorist into the intersection at a proper speed and sufficiently in advance of the approaching vehicle to permit him to proceed on his way without requiring an emergency stop by the other vehicle. *726Heebe’s Bakery Inc. v. Guillot,…

2Cases cited4 opinions

  1. Gallioto v. ChisholmLouisiana Court of Appeal · 1960
  2. Howard v. Pan American Fire & Casualty CompanyLouisiana Court of Appeal · 1971
  3. Eddy v. Service Fire Insurance Co.Louisiana Court of Appeal · 1962
  4. Heebe's Bakery, Inc. v. GuillotLouisiana Court of Appeal · 1962

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