Porter v. State

Claimant, William F. Porter, seeks to recover the sum of $325.00 for the death of a Hereford cow, allegedly resulting from a test for “Bang’s Disease” by a State veterinarian. Respondent contends that claimant has failed to establish the cause of death of the cow, and, further, that malpractice cannot be proven without expert testimony. The amended complaint of claimant invokes the doctrine of res ipsa loquitur as applicable to the facts and circumstances in this case, and seeks damages for the death of the cow in the above amount.

Claimant was cooperating with the plan for tire eradication of…