Tatum Bros. v. Herrin Transp. Co.

• Citation: 29 So.2d 799
• Decision Date: 31 October 1946
• Docket Number: 6943.
• Court: Court of Appeal of Louisiana — District of US
• Parties: TATUM BROS. v. HERRIN TRANSP. CO., Inc.

29 So.2d 799

TATUM BROS. v. HERRIN TRANSP. CO., Inc.

No. 6943.

Court of Appeals of Louisiana, Second Circuit

October 31, 1946

Rehearing Denied Nov. 25, 1946.

Thomas M. Comegys, Jr., and Lee & Emery, all of Shreveport, for appellant.

R A. Fraser, of Many, for appellee.

HARDY, Judge.

This is an action for value of one horse and one mule, owned by plaintiffs which were killed on the highway by a truck belonging to defendant, driven and operated at the time of the accident by its employee.

Plaintiffs charged that death of the animals resulted from the negligence and carelessness and want of skill of the driver of its truck, which was being operated at an excessive rate of speed, in a reckless manner, and without any effort on the part of the driver to bring the truck to a stop or to avoid a collision with the animals. After trial there was judgment for plaintiffs as prayed for, from which judgment defendant appeals.

The only eyewitness to the accident was the driver of defendant's truck, and we do not find it necessary to go beyond his sworn testimony in arriving at the conclusion that, under the circumstances, he was guilty of negligence in the operation of the truck.

According to the testimony of the truck driver, he left Shreveport about 3:30 a. m., Central War Time, on November 3, 1944, driving a heavily loaded White truck of some two-and-a-half or three tons capacity. At about 5:15 a. m., on the open highway, some two miles south of the town of Converse, Louisiana, and about 60 miles from Shreveport, the truck collided with the horse and mule, causing the death of both animals. The witness testified that at the time he was driving at his regular cruising speed of about 40 miles an hour and had dimmed his lights some distance from the point of the collision because of the fact that he was meeting cars traveling in the opposite direction. The witness further testified that he had a clear vision of the road for some 75 to 100 feet, but that he did not see these particular animals on the highway until he was within 30 to 40 feet. Nowhere in his testimony did the witness indicate that the animals in question rushed suddenly upon the highway. On the contrary, he testified that he saw a number of animals on the highway but made no attempt to apply his brakes when he saw that a collision with the unfortunate horse and mule was imminent. After striking the animals the driver brought his vehicle...