Advertisement
 
Friday, March 27, 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
The Recorder Sports Schedule

 

The Recorder Newscast

Most Popular

    Area high school sports calendar
    Monday, March 23, 2015

    New York state Senate again backs legalization of mixed martial arts
    Wednesday, March 25, 2015

    Canajoharie big man Gonzalez honored as boys player of the year
    Saturday, March 21, 2015

    Police reports
    Saturday, March 21, 2015

    Sheriff's office investigating foreclosure company
    Wednesday, March 25, 2015

    DWI issued after crash on Thruway
    Saturday, March 21, 2015

    Benefit scheduled Sunday For second time in five years, local family loses home to fire
    Wednesday, March 25, 2015

    GASD property eyed for new development
    Saturday, March 21, 2015

    Local singer makes it to the next round
    Tuesday, March 24, 2015

    Michael T. Bintz
    Thursday, March 26, 2015

Advertisement

Copyright © Port Jackson Media

Privacy Policies: The Recorder

Contact Us

Twitter

Instagram

Facebook