(DOWNLOAD) "Great American Indemnity Co. v. Rose" by United States Court Of Appeals Fifth Circuit. * Book PDF Kindle ePub Free
eBook details
- Title: Great American Indemnity Co. v. Rose
- Author : United States Court Of Appeals Fifth Circuit.
- Release Date : January 19, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The plaintiff in the District Court and appellee in this Court is William P. Rose. On March 13, 1954, at about 10:30 at night, the plaintiff and his wife, in his automobile with Mrs. Rose driving, were in a collision at a street intersection in Shreveport, Louisiana, with a car owned by Elmer L. Smalling. The Smalling car was covered for liability insurance by a policy of the defendant-appellant, Great American Indemnity Company. The Smalling car was occupied by Mrs. Smalling and Vance Herman Chandler, the latter being the driver of the car. The defendant had also issued a policy of insurance to Chandler covering his negligence liability while driving. Mr. Rose died from injuries sustained in the accident. The plaintiff, suing Smallings insurer, received a jury award of $15,000 for the death of his wife and $25,000 for his own injuries. From a judgment entered on the verdict the defendant insurance company has appealed. In his complaint the plaintiff alleged that Chandler was, at the time of the accident, (1) driving at excessive speed, (2) intoxicated or under the influence of intoxicants, (3) failing to keep a proper lookout, (4) failing to keep the car under control, (5) attempting to cross the intersection against a red light, (6) failing to yield the right of way, (7) driving on the wrong side of the street, (8) driving with defective brakes, (9) failing to apply brakes, and (10) failing to sound any warning. Smalling, plaintiff said, was negligent in permitting Chandler to drive while under the influence of liquor, and hence mentally and physically incapable of driving, and permitting Chandler to drive a car with defective brakes.The defendant denied any negligence of its assureds and charged that the fault lay with Mrs. Rose, asserting that she could and should have avoided the accident by delaying her entry into the intersection until the other car had passed through.
 "Great American Indemnity Co. v. Rose" by United States Court Of Appeals Fifth Circuit. * Book PDF Kindle ePub Free){kind=link}