Clement v. Perry

TATE, Judge.

The plaintiff recovered judgment for the value of a horse which had been killed by an automobile driven by the defendant’s minor son. The defendant appeals.

The principal issue of this appeal concerns whether, in the absence of a transcript of testimony, an appellate court may consider not only a narrative of facts compiled in accordance with LSA-C.C.P. art. 2131 1, but also summaries of evidence and findings of fact included in the trial court’s earlier written reasons for judgment. We hold that the reviewing court may do so under the circumstances here shown. We will state the…