McVea v. Day
| Court | Court of Appeal of Louisiana (US) |
| Writing for the Court | LECHE, J. |
| Citation | 6 La.App. 382 |
| Parties | McVEA v. DAY |
| Decision Date | 03 May 1927 |
6 La.App. 382
McVEA
v.
DAY
Court of Appeals of Louisiana, First Circuit
May 3, 1927
Appeal from the Parish of East Baton Rouge. Hon. George K. Favrot, Judge.
Action by Mrs. Pearl L. McVea against Mrs. Eudora S. Day, et als.
There was judgment for defendant and plaintiff appealed.
Judgment affirmed.
Taylor, Porter, Loret & Brooks, of Baton Rouge, attorneys for plaintiff, appellant.
Chas. A. Holcombe, of Baton Rouge, attorney for defendant, appellee.
OPINION
LECHE, J.
Raul J. Duhon, a deputy sheriff for the parish of East Baton Rouge, while driving an automobile belonging to Mrs. Eudora S. Day, sheriff of the same parish, along the Jefferson Highway out of the city of Baton Rouge, in order to investigate suspected violations of law, came into collision with the automobile of plaintiff and damaged the same in the amount of one hundred and sixty-five and 95-100 dollars. Plaintiff alleges that said Duhon was driving at a rapid and dangerous rate of speed and negligently ran into and collided with her automobile. That she was driving her automobile at a moderate and safe rate of speed on the right-hand side of the highway and that said collision was due entirely to the carelessness and negligence of said Duhon. She charges further that said collision occurred while said Duhon was in the improper and negligent performance of an official act in his capacity as deputy sheriff. Relying substantially upon these allegations she prays for judgment against Duhon, Mrs. Day and the Union Indemnity Company, surety upon the bond of Mrs. Day as sheriff of the parish of East Baton Rouge.
The District Court maintained exceptions of no cause of action filed on behalf of Mrs. Day as sheriff and on behalf of the Union Indemnity Company, her surety as sheriff, and from a judgment dismissing plaintiff's suit as to these two defendants, the plaintiff has appealed.
It further appears that the collision charged to have been the result of Duhon's carelessness and negligence is alleged to have occurred while Duhon was on his way from the city of Baton Rouge to some remote place out in the country, that Duhon as deputy sheriff was going to that place to perform some official duty which demanded his presence, and plaintiff therefore contends and alleges that the collision occurred while Duhon was in the improper and negligent performance of an official act. The allegation that Duhon was at the time of collision in the improper and negligent...
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Maxwell v. Andrew County, No. 36807.
...104 S.W. (2d) 398; Clement v. Dunn, 114 Cal. App. 60, 299 Pac. 545; Usrey v. Yarnell, 188 Ark. 804, 27 S.W. (2d) 988; McVea v. Day, 6 La. App. 382; People v. Beach, 49 Colo. 516, 113 Pac. 514; Williams v. Priddy, 188 Ark. 137, 64 S.W. (2d) 553; Furlong v. State, 58 Miss. 717; Hughes v. Boar......
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Maryland Casualty Co. v. Alford, No. 1946.
...case is distinguishable from Clement v. Dunn, 114 Cal.App. 60, 299 P. 545; Usrey v. Yarnell, 181 Ark. 804, 27 S.W.2d 988; McVea v. Day, 6 La.App. 382; Humphrey v. Ownby, Mo.App., 104 S.W.2d 398, relied on by counsel for the Casualty In transporting the property of the Bureau back to the Okl......
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Foster v. Hampton, No. 59768
...by the deputy to all pedestrians upon the public highway." 192 La. at 639, 188 So. at 726. The court relied, in part, upon McVea v. Day, 6 La.App. 382, 385 (1st Cir. 1927) wherein it was held that " . . . in traveling or going to a place where an official act is to be performed, the manner ......
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Robertson v. Palmer, No. 3431
...168; Gray v. DeBretton, La.App., 184 So. 390, Id., 192 La. 628, 188 So. 722; Dufrene v. Rodrigue, La.App., 38 So.2d 511; McVea v. Day, 6 La.App. 382; Bolton v. Sevario, La.App., 25 So.2d The pertinent articles of plaintiff's petition for the purpose of disposing of the exceptions by applyin......
-
Maxwell v. Andrew County, No. 36807.
...104 S.W. (2d) 398; Clement v. Dunn, 114 Cal. App. 60, 299 Pac. 545; Usrey v. Yarnell, 188 Ark. 804, 27 S.W. (2d) 988; McVea v. Day, 6 La. App. 382; People v. Beach, 49 Colo. 516, 113 Pac. 514; Williams v. Priddy, 188 Ark. 137, 64 S.W. (2d) 553; Furlong v. State, 58 Miss. 717; Hughes v. Boar......
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Maryland Casualty Co. v. Alford, No. 1946.
...case is distinguishable from Clement v. Dunn, 114 Cal.App. 60, 299 P. 545; Usrey v. Yarnell, 181 Ark. 804, 27 S.W.2d 988; McVea v. Day, 6 La.App. 382; Humphrey v. Ownby, Mo.App., 104 S.W.2d 398, relied on by counsel for the Casualty In transporting the property of the Bureau back to the Okl......
-
Foster v. Hampton, No. 59768
...by the deputy to all pedestrians upon the public highway." 192 La. at 639, 188 So. at 726. The court relied, in part, upon McVea v. Day, 6 La.App. 382, 385 (1st Cir. 1927) wherein it was held that " . . . in traveling or going to a place where an official act is to be performed, the manner ......
-
Robertson v. Palmer, No. 3431
...168; Gray v. DeBretton, La.App., 184 So. 390, Id., 192 La. 628, 188 So. 722; Dufrene v. Rodrigue, La.App., 38 So.2d 511; McVea v. Day, 6 La.App. 382; Bolton v. Sevario, La.App., 25 So.2d The pertinent articles of plaintiff's petition for the purpose of disposing of the exceptions by applyin......