Thigpen v. Stockman

ELLIS, Judge..

This is an appeal by the plaintiff from a judgment denying him damages to his automobile as a result of striking a horse belonging to the defendant which plaintiff alleged was standing on a public highway of the State of Louisiana in violation of the stock law, at apparently 5:30 A.M. on January 25, 1951.

Plaintiff takes the position that the provisions of LSA-R.S. 3:2851 are applicable to the case at bar and that it was negligence per se for the defendant to allow or have his horse on said Highway No. 7, and that the provisions of LSA-R.S. 3:2859 do not apply to horses, mules,…