HOWELL v. AMERICAN LIVE STOCK INSURANCE COMPANY

No. 73-1770. Summary Calendar.

483 F.2d 1354 (1973)

G. B. HOWELL d/b/a Howell Breeding & Training Farm, Plaintiff-Appellee-Cross Appellant, v. AMERICAN LIVE STOCK INSURANCE COMPANY, Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

September 6, 1973.


Attorney(s) appearing for the Case

Stephen B. Tatem, Jr., Schuyler B. Marshall El Paso, Tex., for defendant-appellant-cross appellee.

William J. Derrick, Chris A. Paul, El Paso, Tex., for plaintiff-appellee-cross appellant.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.


WISDOM, Circuit Judge:

The plaintiff-appellee, G. B. Howell, sued American Livestock Insurance Company on a livestock insurance contract to recover for the death of Riches I Seek — a two year old thoroughbred horse. The trial concerned the "actual cash value" of the colt as of its death. The jury returned a verdict for the plaintiff for $25,000, the maximum amount payable under the policy. On appeal the insurance company attacks the judgment on the ground that...

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