
    Donald BUCKLES, Individually and as Administrator of the Estate of his minor child, Jeffrey N. Buckles v. James A. FOX and American Southern Insurance Company.
    No. 55139.
    Supreme Court of Louisiana.
    Sept. 20, 1974.
   In re: Donald Buckles applying for cer-tiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Jefferson. 296 So.2d 339.

Writ denied. The result is correct.

BARHAM, J.,

is of the opinion the writ should be granted. The Court of Appeal has placed the affirmative defense of sudden emergency upon the plaintiff. It was established that a six year old child of plaintiff was standing near the street talking to a man using an edger and was struck by defendant, Fox. He should have seen the child unless his view was obstructed and thus created a sudden emergency. The burden of proof falls to defendant to show that he could not see what he should have seen.  