Stevens v. Mrs. E. D. Burguieres Planting Co.

Citations

• 120 La. 767
• 45 So. 601
• 1908 La. LEXIS 568

Syllabus

<p>1. Animals — Vicious Animals.</p> <p>This is an action for damages for injuries received by plaintiffs’ child by being hooked by a vicious cow alleged to belong to defendant, and permitted by it to run at large on the public ro,ad in violation of an ordinance of the police jury.</p> <p>2. Same — Animals Running at Large.</p> <p>The public road ran through defendant’s plantation, and at the time of the injury the cow was on the public road, but under charge of a keeper, who was transferring it, with others, from a cow lot on one side of the road to a pasture on the other side belonging to defendant. It was not “running at large” on the public road.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. voi. 2, Animals, §§ 147-175.]</p> <p>3. Same — Peesons Liable.</p> <p>The animal did not belong to the defendant corporation, but to two of its members, who were at the time on the plantation. By an agreement between the corporation and these members, the latter were permitted to keep the animal on the place, and the corporation placed at their service one of its employes to take care of the animal for them. The employé, while so employed, was not in the service of or acting for the corporation, but in the service of and acting for the owners.</p> <p>4.Same — Evidence—Variance.</p> <p>The husband of one of the owners, and who was in the employ of the corporation as manager of the plantation, was made a defendant with the corporation, and sought to be made responsible personally • as being in charge of the animal. He was not in charge. The animal was at the time of the accident in charge of the man who was driving it across, and he was in the employ of the wife, and not the husband. Plaintiffs’ pleadings, which were never amended, placed the ownership of the animal in the corporation. Plaintiffs could not change their position on the trial, so as to shift the ownership to some one else.</p> <p>(Syllabus by the Court.)</p>