State Farm Mut. Auto. Ins. Co. v. Thompson

• Decision Date: 25 May 1983
• Docket Number: No. 83-77,83-77
• Citation: 433 So.2d 376
• Parties: STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Plaintiff-Appellant, v. Julian W. THOMPSON, Defendant-Appellee.
• Court: Court of Appeal of Louisiana — District of US

Page 376

433 So.2d 376

STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Plaintiff-Appellant, v. Julian W. THOMPSON, Defendant-Appellee.

No. 83-77.

Court of Appeal of Louisiana Third Circuit.

May 25, 1983.

Rehearing Denied July 14, 1983.

Gist, Methvin, Hughes & Munsterman, Vivian L. Whittle, Alexandria, for plaintiff-appellant.

Dan B. Cornett, Jena, for defendant-appellee.

Before DOUCET, YELVERTON and KNOLL, JJ.

DOUCET, Judge.

This is an "orphaned cattle" case. The action arises out of a collision between a 1978 Superior Motor Home owned and operated by Walter Stubb, Jr. and a herd of cattle allegedly owned by Julian W. Thompson, Jr. From an adverse judgment plaintiff appeals. We reverse.

The collision occurred approximately 12:30 A.M. on April 8, 1981 on La. Hwy. 28 approximately 20 miles east of Pineville, La. As a result of the collision the motorhome owned by Mr. Stubb was damaged in excess of $7,134.44. Mr. Stubb made a claim for damages to State Farm which paid the claim and became legally subrogated to the right of Mr. Stubb.

Suit was filed by State Farm against Julian W. Thompson alleging Mr. Thompson was the owner of the cattle involved in the accident and at fault for allowing his cattle to roam upon a public highway designated as a closed range area pursuant to La.R.S. 3:2803 ¹. By supplementary amending petition, plaintiff alleged defendant was strictly liable.

After trial on the merits the trial court rendered judgment in favor of defendant and dismissed plaintiff's demand. From that judgment plaintiff appeals, assigning as error that the trial court manifestly erred in ruling that plaintiff failed to prove that Julian W. Thompson is in any fashion responsible for the accident sued on.

At the time of the collision there were 7-9 cows lined up across the road. The collision between the motorhome and the cows resulted in extensive damage to the motorhome and death to two of the cows. The defendant admitted that he runs cattle on public lands adjacent to Highway 28 with his father, Mr. J.W. Thompson, Sr., with whom he owns the cattle jointly. State Trooper Ronald Lewis testified that he was called to the scene of the accident at approximately 12:30 A.M. He saw the cattle on the road in the proximity of the mobile home. Trooper Lewis contacted headquarters in Alexandria which dispatched Stock Patrol Officer Hans Wright. Wright observed the cattle still on the road. Wright caught one of the cows that was alive and loose and carried it to Mr. Julien Thompson's house on Highway 28 East. He stated that when he took the cow to Mr. Thompson, Mr. Thompson said the cow was his. Mr. Thompson redeemed the cow by paying a fine and signing the stock release form. This receipt was entered into evidence and identified as P-3. Mr. Wright further testified that Mr. Thompson then went to the scene of the accident and removed the dead cattle off the highway. Furthermore, Mr. Thompson admitted that previously cattle had gotten out on to the highway through a gate and admitted that he had taken no efforts to correct the reoccurrence of such an event.

The ownership of cattle involved in an accident may be proved by...