Desselle v. Avery

AYRES, Judge.

This is an action ex delicto wherein plaintiff seeks to recover of the defendant $398, $365 of which is claimed as the value of cattle purported to have died of arsenic poisoning through the alleged fault and negligence of the defendant. The balance of the claim is alleged to have been incurred for the services of a veterinarian rendered in connection with said poisoning.

The district court awarded plaintiff $150, and from that judgment defendant prosecutes a suspensive appeal. Plaintiff has answered the appeal, praying that the award be increased to the amount sued for.

The issues…