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KLING v. U. S. FIRE INSURANCE COMPANY

No. 5564.

146 So.2d 635 (1962)

Joseph B. KLING, Jr., Plaintiff-Appellee, v. U. S. FIRE INSURANCE COMPANY and T. Frank Smith, Defendants-Appellants.

Court of Appeal of Louisiana, First Circuit.

On Rehearing November 9, 1962.

Attorney(s) appearing for the Case

Taylor, Porter, Brooks, Fuller & Phillips, by Tom Phillips and Wm. A. Norfolk, Baton Rouge, for appellants.

Durrett, Hardin, Hunter, Dameron & Fritchie by Calvin E. Hardin, Jr., Baton Rouge, for appellee.

Before ELLIS and HERGET, JJ., and MILLER, J. pro tem.

MILLER, Judge pro tem.

This is an action for damages arising out of a fight between two dogs, one, a Boxer and the other, a Toy Terrier. The encounter resulted in the death of the Toy Terrier, whose owner, J. B. Kling, Jr., is suing the owner of the Boxer, T. Frank Smith and Smith's insurer, U. S. Fire Insurance Company, in tort for damages. The trial court gave judgment for the plaintiff in the amount of $555.00 and the defendants have appealed.

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