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GAAR v. STATE THROUGH DEPT. OF HIGHWAYS

No. 14268.

389 So.2d 426 (1980)

Edwin GAAR, Plaintiff-Appellant, v. STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

September 22, 1980.

Attorney(s) appearing for the Case

Emmons, Henry & Reeves, by Joseph A. Reeves, Jr., Jonesboro, for plaintiff-appellant.

John W. King, Dotd, Office of Highways, Baton Rouge, of counsel, for defendant-appellee.

Before HALL, MARVIN and FRED W. JONES, JJ.

HALL, Judge.

Plaintiff seeks damages from the State of Louisiana through the Department of Highways for losses he sustained when part of his herd of cattle became ill and died. Plaintiff alleges that his cattle died of arsenic poisoning after defendant's employees sprayed the highway right of way adjacent to plaintiff's pastureland with a herbicide containing arsenic. The trial court found that plaintiff failed to prove by a preponderance of the evidence that his...

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