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Non-Cattle Specific Topics
Every Thing Else Board
Keep your cows in our you could go to jail.
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<blockquote data-quote="greybeard" data-source="post: 1339680" data-attributes="member: 18945"><p>Law here says "No one may <u>knowingly or willingly allow livestock to roam freely</u>. That, is the livestock/property owner's 'out', if a tree falls on a fence or if someone other than the owner opened a gate and left it open. One of the state attorney generals once said "Neither God nor man ever built a fence tall enough or strong enough to keep a determined animal in or a determined lawyer out".</p><p></p><p>but.......</p><p>Once the owner was informed, he fell under the 'knowingly' part. The civil side of this has nothing to do with the criminal aspect--2 completely different things. </p><p></p><p></p><p>There ain't a jury in the world ever gonna convict a dead man of loss of control after he hit a cow in the middle of the road, and even bringing that point up in trial would have the reverse effect of what was intended. (assuming it doesn't happen in an open range county--things change then) Any 1st year lawyer would counter that with 'the impact caused him to continue on and hit the tree', and it would stick too.</p><p></p><p>Around here, the fine for letting cattle run free is pretty small, but the liability if someone hits one can take everything you ever had or hoped to have--IF the plaintiff can prove the owner "knowingly and willingly" let the livestock run free or had a history of doing so.</p></blockquote><p></p>
[QUOTE="greybeard, post: 1339680, member: 18945"] Law here says "No one may [u]knowingly or willingly allow livestock to roam freely[/u]. That, is the livestock/property owner's 'out', if a tree falls on a fence or if someone other than the owner opened a gate and left it open. One of the state attorney generals once said "Neither God nor man ever built a fence tall enough or strong enough to keep a determined animal in or a determined lawyer out". but....... Once the owner was informed, he fell under the 'knowingly' part. The civil side of this has nothing to do with the criminal aspect--2 completely different things. There ain't a jury in the world ever gonna convict a dead man of loss of control after he hit a cow in the middle of the road, and even bringing that point up in trial would have the reverse effect of what was intended. (assuming it doesn't happen in an open range county--things change then) Any 1st year lawyer would counter that with 'the impact caused him to continue on and hit the tree', and it would stick too. Around here, the fine for letting cattle run free is pretty small, but the liability if someone hits one can take everything you ever had or hoped to have--IF the plaintiff can prove the owner "knowingly and willingly" let the livestock run free or had a history of doing so. [/QUOTE]
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Keep your cows in our you could go to jail.
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