McFATTER v. WELCH

No. 2221.

205 So.2d 607 (1967)

Leonard A. McFATTER, Plaintiff & Appellee, v. Robert H. WELCH, Defendant & Appellant.

Court of Appeal of Louisiana, Third Circuit.

December 29, 1967.


Attorney(s) appearing for the Case

Nathan A. Cormie & Assoc., by Larry Jones, Lake Charles, for defendant-appellant.

Hall & Coltharp, by L. H. Coltharp, Jr., DeRidder, for plaintiff-appellee.

Before HOOD, LEAR and CULPEPPER, JJ.


CULPEPPER, Judge.

The plaintiff, Leonard A. McFatter, seeks damages for the loss of 27 sheep allegedly killed by a dog owned by the defendant, Robert H. Welch. The trial judge awarded plaintiff the sum of $405. Defendant appealed.

Since no one actually saw defendant's dog kill the sheep, the issue is whether the circumstantial evidence presented is sufficient to prove it.

A special statute, LSA-R.S. 3:2651, provides that "Any owner, harborer, or possessor...

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