Lapointe v. Guidry

Decided September 15, 1834

Supreme Court of Louisiana · decided 1834-09-15

This is an action of trespass, in which the plaintiff claims three hundred dollars, for damages sustained, by the defendant’s cattle breaking into his fields, and destroying his fences and every thing in the fields ; and for fifty dollars damages, as the price of a favorite dog, which he alleges, the defendant wantonly shot, while assisting in turning the defendant’s cattle out of the fields.

Decided 1834-09-15

Bullard, J.,

¶1delivered the opinion of the court.

¶2This is an action of trespass, in which the plaintiff claims remuneration, for damages done by the cattle of the defendant, breaking into his enclosures, and for killing his dog.

¶3The defendant pleaded the general issue; and that the plaintiff’s fences were not such as are required by the police regulations of the parish. The jury found a verdict for the defendant, and the plaintiff appealed.

¶4 *248. The whole matter, which was that of fact only, was left to the jury, and from the evidence in the record, we are not enabled to say, that the verdict was so clearly wrong, as to authorise the interference of this court.

¶5It is, therefore, ordered, adjudged and decreed, that the judgment of the District Court be affirmed, with costs.