Advertisement
 
Sunday, May 24, 2015
Amsterdam, NY ,

 

Advertisement

Mend fences: NY court OKs suit over roaming cows

Thursday, May 02, 2013 - Updated: 3:31 PM

ALBANY (AP) — The owners of wandering cows and the landowners responsible for keeping them fenced can be sued for negligence if the meandering livestock get involved in an accident, New York’s highest court ruled Thursday.

The Court of Appeals reversed lower courts, which had applied the usual liability test for injuries by domestic animals, such as dogs or even aggressive bulls, based on their vicious tendencies. 

The six judges concluded this case, where Karen Hastings was injured when her van hit a cow on a public road, is different. They said the broader standard of common law negligence applies. They reinstated Hastings’ personal injury suit.

Hastings was injured driving at night in September 2007 when her van hit a black cow on County Route 53 in North Bangor, a hamlet near the Canadian border, according to court papers. The animal had escaped from a fenced pasture on the farm of Laurier Sauve, who let others keep cattle there.

Lower courts rejected Hastings’ claims against Sauve as well as William Delarm and Albert Williams, presumed owners of the cow, applying the strict liability standard for domestic animals that inflict injuries. The lawsuit was sent back to the lower courts Thursday, with those rulings reversed.

“There was evidence that the fence separating Sauve’s property from the road was overgrown and in bad repair,” Judge Robert Smith wrote. “In this case, while a number of important facts are disputed, the record read most favorably to the plaintiffs would support a finding that any or all of the three defendants were negligent in allowing the cow to enter the roadway.”

Calls to the attorneys were not immediately returned Thursday.

     

Comments made about this article - 0 Total

Comment on this article

Advertisement
Montgomery County Research Report

 

The Recorder Sports Schedule

 

The Recorder Newscast

Most Popular

    Players' union asks to hold NFL's Goodell in contempt
    Wednesday, May 20, 2015

    Sawyer Fredericks' mom reflects on son's fame
    Thursday, May 21, 2015

    The voice of a nation
    Wednesday, May 20, 2015

    Voters approve school budgets
    Tuesday, May 19, 2015

    Amsterdam Spring Fling makes a triumphant downtown return
    Monday, May 18, 2015

    ABC has strong week thanks to music awards
    Friday, May 22, 2015

    Cart veto override in doubt?
    Thursday, May 21, 2015

    Sawyer Fredericks to learn fate tonight on 'Voice' season finale
    Tuesday, May 19, 2015

    City council still swinging the budget ax
    Tuesday, May 19, 2015

    Four in running for F-FCS board of ed
    Monday, May 18, 2015

Advertisement

Copyright © Port Jackson Media

Privacy Policies: The Recorder

Contact Us

Twitter

Instagram

Facebook