Honeycutt v. Carver
| Decision Date | 11 March 1946 |
| Docket Number | 2782. |
| Court | Court of Appeal of Louisiana — District of US |
| Parties | HONEYCUTT v. CARVER. |
Rehearing Denied April 22, 1946.
Thos Arthur Edwards, of Lake Charles, for appellant.
Plauche & Stockwell, of Lake Charles, for appellee.
Plaintiff alleges in her petition that her automobile was damaged in the amount of $214.90 when it was struck by a car driven by the minor son of the defendant around 7 o'clock P.M. on August 9, 1944. She alleges that her car was being driven in a northerly direction by J. F. Land at a slow rate of speed on the east side of the West Fork Gravel Road, when her car was struck by a car being backed out of the driveway at the Carver residence by Floyd Carver, Jr. The negligence charged to young Carver is that he backed out of the private driveway onto a much traveled highway at an excessive speed and in a careless manner, and without keeping a proper lookout.
Defendant filed an exception of vagueness asking for more detailed allegations as to the items of damage to plaintiff's car whether or not it was in running order after the accident whether or not the driver of plaintiff's car was in the employ of plaintiff, and whether or not there was anything to obstruct the view of the driver of plaintiff's car as he approached the driveway. The trial judge maintained the exception to the extent of requiring plaintiff to give more detailed information as to the nature of the damage to the car, and overruled the exception in all other respects. Plaintiff then filed a supplemental petition annexing an itemized statement of the repairs made on the automobile. Defendant filed an answer to which he coupled an exception of no right or cause of action. He admitted that Floyd Carver Jr., is his minor son, and admits that there was a collision between a car driven by his son and a car which plaintiff claimed to own. He denied that he owned the car driven by his son and denied that he was present when the accident occurred. He averred that the accident was caused by the fast rate of speed at which the driver of plaintiff's car was going, and his failure to keep a proper lookout, and the fact that he was driving too close to the east side of the road.
The trial judge referred the exceptions of no cause or right of action to the merits, and after a trial of the case overruled the exceptions and rendered judgment in favor of the plaintiff for the amount sued for. The defendant has appealed.
Counsel for appellant re-urges the exceptions in this court. It is contended that the defendant was entitled to the information requested in the exception of vagueness. A plaintiff is only required to set out in his petition the facts on which his cause of action is based in a clear and concise form, so as to give the defendant sufficient information to enable him to make his defense. The information requested in the exception of vagueness was more a matter of evidence than pleading. A plaintiff is not required to detail in his petition the evidence which he expects to advance in support of his demand. The defendant has not been prejudiced because of a failure to allege the details requested in the exception of vagueness.
The exception of no cause or right of action is based on the ground that there is no allegation that defendant's minor son was a reckless or incompetent driver, or that he was on a mission for his father; that the proof showed negligence on the part of the driver of plaintiff's car. These contentions are clearly without merit. In order to render the father liable for the negligent acts of his minor son it is not necessary to prove...
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... ... Co., La.App. 1 Cir., 62 So.2d 533; Wright v. State Farm Mut. Auto. Ins. Co., La.App. 1 Cir., 57 So.2d 767 (bicyclist struck); Honeycutt v. Carver, La.App. 1 Cir., 25 So.2d 99 ... (2) Where the backing driver struck a pedestrian in his path whom he had failed to ... ...
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