Audubon Insurance v. Cunningham

ELLIS, Judge.

Shortly after 1 a. m. on December 21, 1957, Albert J. Cunningham, with his wife as a guest passenger, was travelling west toward Houma, Louisiana, on Highway 90, when he encountered smog produced by the burning of trash at the City of Houma’s dump located on the south side of the highway. Visibility was limited to not more than 10 feet and he slowed down to approximately four to five miles per hour. *658A car being driven by Edward Barker, Jr. with Dale Rogers as a guest passenger, was proceeding in an easterly direction from Houma towards Raceland when it encountered this smog and…