EUBANKS v. GORE

No. 3972.

269 So.2d 258 (1972)

Barney N. EUBANKS, Plaintiff and Appellee, v. James GORE et al., Defendants and Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 6, 1972.


Attorney(s) appearing for the Case

Edward A. Kaplan, Alexandria, for defendant-appellant-appellee.

W. T. McCain, Colfax, for plaintiff-appellee-appellant.

Stafford, Pitts & Bolen, by James A. Bolen, Jr., Alexandria, Hudson, Potts & Bernstein, by B. Roy Liuzza, Monroe, for defendant-appellee.

Before FRUGÉ, CULPEPPER and DOMENGEAUX, JJ.


CULPEPPER, Judge.

Plaintiff seeks damages for the deaths of his 15 cattle by arsenic poisoning. He named as defendants (1) his neighbor, James Gore, who allegedly sprayed his fence line with a weed killer containing arsenic, (2) the Missouri-Pacific Railroad Company which allegedly gave the weed-killing compound to Gore, their employee, without warning as to its deadly nature, (3) R. H. Bogle Company, which had the contract with the railroad company to spray its right...

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