Opinion
No. 5440.
June 1, 1937. Rehearing Granted June 30, 1937. Writ of Certiorari and Review Granted February 7, 1938.
Appeal from Fourth Judicial District Court, Parish of Ouachita; David I. Garrett, Judge.
Sholars Gunby and G. Allen Kimball, all of Monroe, for appellants.
McHenry, Lamkin Lamkin, of Monroe, for appellee.
For the reasons assigned Edward Parks v. Harvey Hall et al., 179 So. 868, this day decided by us, the judgment appealed from, in so far as the defendants M.L. Gans and Phoenix Indemnity Company are concerned, is set aside and reversed, and plaintiff's suit is dismissed at his cost in both courts.
For the written reasons this day assigned in Edward Parks v. Harvey Hall et al., on rehearing, La.App., 179 So. 868, the judgment heretofore rendered herein is reinstated and made final.
DREW, J., dissents.
I respectfully dissent from the majority opinion in this case for the reason that I am of the opinion that the omnibus clause in the insurance policy covers the case and makes the insurance company liable thereunder. In my opinion the driver of the car causing the damage was lawfully in possession of same at the time of the accident.