Smith v. Smith

This is an automobile damage suit on appeal from a judgment denying plaintiff's demands and rejecting defendant's claim in reconvention.

Plaintiff alleged that the accident resulted from defendant's negligence in proceeding at an excessive speed and in not perceiving plaintiff's stopping signal in sufficient time to stop before striking plaintiff from the rear.

The answer set forth that the accident occurred when plaintiff, without cause or reason, and without pulling his vehicle over to the right curb or giving any prior warning, suddenly and abruptly stopped, and that notwithstanding…