
    John A. LaBAUVE v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK.
    No. 5769.
    Court of Appeal of Louisiana. First Circuit.
    Feb. 22, 1963.
    Rehearing Denied March 29, 1963.
    Certiorari Refused May 14, 1963.
    Watson, Blanche, Wilson, Posner & Thibaut, by David W. Robinson, Baton Rouge, for appellant.
    Hynes & Lane by Horace C. Lane, Baton Rouge, for appellee.
    Before ELLIS, LOTTINGER, HERGET, LANDRY and REID, JJ.
   LANDRY, Judge.

For the reasons this day assigned in the companion case of Allen v. State Farm Mutual Automobile Insurance Co., La.App., 151 So.2d 122, with which the instant matter was consolidated for trial and appeal, it is ordered, adjudged and decreed that the judgment of the trial court in favor of plaintiff, John A. LaBauve, be and the same is hereby reversed and judgment rendered herein dismissing said plaintiff’s suit at plaintiff’s costs.

Reversed and rendered.

HERGET, Judge

(dissenting).

For the reasons this day assigned in the dissenting opinion in the companion case of Allen v. State Farm Mutual Automobile Insurance Company, La.App., 151 So.2d 122, with which the instant matter was consolidated for trial and appeal, I am of the opinion the judgment of the trial court should be affirmed.

I respectfully dissent from the opinion of the majority.

ELLIS, J., joins the dissent.

Rehearing denied.

ELLIS, J.,

dissents from refusal to grant rehearing for reasons set forth in dissenting opinion of HERGET, J.

HERGET, J., dissents.  