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VARS v. FIDELITY & CASUALTY COMPANY OF NEW YORK

No. 4329.

285 So.2d 377 (1973)

Robert W. VARS, Plaintiff and Appellee-Appellant, v. The FIDELITY & CASUALTY COMPANY OF NEW YORK et al., Defendants and Appellants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearings Denied December 3, 1973.

Attorney(s) appearing for the Case

Stockwell, St. Dizier, Sievert & Viccellio by Robert W. Clements, Lake Charles, for defendants and appellants-appellees.

Charles S. King, Lake Charles, for plaintiff and appellee-appellant.

Before CULPEPPER, MILLER and PONDER, JJ.

CULPEPPER, Judge.

Plaintiff seeks damages for personal injuries received when the pickup truck which he was driving struck a bull owned by the defendant, Henry Kinney Sr. A jury awarded plaintiff $9,000. Defendants appealed. Plaintiff also appealed, seeking an increase in the award.

The issues are: (1) Did the defendant owner of the bull sustain his burden of proving freedom from negligence in permitting the bull to be at large on a state highway? (2) Was...

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