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Cattle: Related Cases

Case Name Citation Summary
Allendorf v. Redfearn   2011 IL App (2d) 110130 (2011)   After a farm employee was injured in an all terrain vehicle (ATV) while trying to round up a bull, he sued the farm owners under the Domestic Animals Running at Large Act. The Appellate Court held that the employee could not recover under the Act, which protects members of the general public who cannot be expected to appreciate the risk posed by an animal. Because the employee was not an innocent bystander but rather was attempting to exercise control over the bull at the time he was injured, he fell within the Act's definition of an “owner” of the bull.  
Animal Legal Defense Fund Boston, Inc. v. Provimi Veal Corp.   626 F.Supp. 278 (D.Mass.,1986)  

District Court found that federal law preempts Massachusetts's consumer protection statute that requires retailers to inform consumers of relevant information, the disclosure of which may have influenced the buyer or prospective buyer not to enter into the transaction. The District Court also held that the Animal Legal Defense Fund could not enforce a cruelty to animals claim because it involves criminal statutes that only public prosecutors and legislatively-sanctioned groups may enforce.

 
Animal Legal Defense Fund v. Mendes   72 Cal.Rptr.3d 553 (Cal.App. 5 Dist., 2008)   Appellants ALDF asserted causes of action for violation of Penal Code section 597t for confining calves without an “adequate exercise area,” and for commission of unfair business practices under Business and Professions Code section 17200 et seq. In affirming the lower court's decision to dismiss the action, this court held that there is no private cause of action pursuant to Penal Code section 597t under the present circumstances, and none of the appellants have shown an ability to allege any facts of economic injury.  
Austin v. Bundrick   935 So.2d 836 (La.App. 2 Cir. 2006)  

This Louisiana case involves a suit against the owner of a cow (Bundrick) that wandered into the road where it was struck by plaintiff Austin's vehicle.  Bundrick and his insurer, Colony Insurance Company, appealed the partial summary judgment finding Bundrick liable for the damages resulting from the accident. In reversing the lower court's order for partial summary judgment and remanding for a trial on the merits, the court noted that it is well settled that when an auto strikes a cow on one of the enumerated "stock law" highways, the burden of proof rests upon the owner of the animal to exculpate himself from even the slightest degree of negligence.

 
Bard v. Jahnke   791 N.Y.S.2d 694 (N.Y. 2005)   A subcontractor was injured at a dairy farm he was working at when he was pinned up against a stall by a bull .  The subcontractor brought claims against the dairy farm and carpenter for negligence and strict liability.  The trial court granted summary judgment in favor of the defendants and the Court of Appeals affirmed.  
Boulahanis v. Prevo's Family Market, Inc.   230 Mich.App. 131 (1998)   Michigan Court of Appeals affirmed that the Federal Meat Inspection Act prevents states from adding or modifying federal requirements on meat producers. Claims that purchased meat products are adulterated must be based on federal standards, not Michigan standards. The United States Department of Agriculture elected not to address E. coli contamination, thus Michigan may not impose liability on manufacturers for not addressing possible E. coli contamination.  
Brockett v. Abbe   206 A.2d 447 (Conn.Cir.A.D. 1964)  

Defendant-farmer filed a counterclaim for damages for the erroneous determination by the veterinarian that certain cow was not pregnant (plaintiff veterinarian used a "punch test" - where a fist is struck against the abdomen of a cow to determine pregnancy rather than the industry-standard rectal examination). As a result, defendant-farmer sold the cow for $170 versus the $550 he could have received for a pregnant cow.  The Court found that it was erroneous for the circuit court to apply the doctrine of res ipsa loquitor, as diagnoses and scientific treatment are improper subjects for the doctrine. The mere proof that the diagnosis later on turned out to be erroneous is insufficient to support a judgment, the court stated.

 
Brookover v. Roberts Enterprises, Inc.   156 P.3d 1157 (Ariz.App. Div. 1,2007)   Plaintiffs-appellants Brookovers appeal the trial court's decision granting summary judgment to defendant-appellee Roberts Enterprises, Inc.. The Brookovers claimed that Roberts was negligent in allowing its cow to enter the highway where it collided with the Brookovers' automobile. They contend that they presented evidence that defendants were aware of the risk of significant numbers of collisions between cattle and automobiles when cows were allowed to graze in the vicinity of a paved highway. Here, however, the court stated that the record indicates that the accident involving the Brookovers was the first reported cattle-automobile accident to occur on the Salome Highway through the Clem Allotment since Roberts began to lease the premises. Further, the court affirmed the trial court's ruling on the inapplicability of res ipsa loquitur based on the Brookovers' inability to establish that the accident is of a type that would not have occurred in the absence of negligence.  
Californians for Humane Farms v. Schafer   Slip Copy, 2008 WL 4449583 (N.D.Cal.) (Not Reported in F.Supp.2d)  

Plaintiff, a nonprofit ballot committee established to sponsor Proposal 2, a State ballot initiative that would result in prohibiting the tethering and confinement of egg laying hens and other farm animals, brought an action against Defendant, the United States Secretary of Agriculture, alleging a violation of the Administrative Procedure Act, after Defendant approved a decision by the American Egg Board (the “Egg Board”) to set aside $3 million for a consumer education campaign to educate consumers about current production practices.  The United States District Court, N.D. California granted Plaintiff’s motion for preliminary injunction, finding that Plaintiff was likely to succeed on the merits, direct harm to Plaintiff was likely to occur if the injunction was not granted, and that the public interest would be served by granting the preliminary injunction.

 
Campbell v. Supervalu   2007 WL 891682 (N.D.Ind.)   North District Court of Indiana dismissed a claim that Federal Meat Inspection Act (FMIA) preempted the plaintiff's state law claims. While a past court decision held that FMIA preempted state attempts to regulate meat inspection, this case was distinguishable because the suit focused on an alleged act of negligence that fell outside inspection of meat and because the state is not placing additional or different requirements then those set by FMIA.  
Carver v. Ford   591 P.2d 305 (Okla. 1979)   The owners rented a stall from the tort victim for their heifer. The heifer escaped into the yard and crashed into a gate whereupon the gate then hit the tort victim in the mouth and broke several teeth.  The Supreme Court of Oklahoma held that the heifer was not running at large, that the heifer escaped from its stall through no fault of the owners, that strict liability for trespass under Okla. Stat. tit. 4. sec. 98 (1965) was not applicable, and that any liability of the owners was required to be predicated upon negligence.  
Citizens for Balanced Use v. Maurier   --- P.3d ----, 2013 WL 3053594 (Mont. 2013)   Upon the Montana Department of Fish, Wildlife, and Parks’s decision to relocate a brucellosis-free herd of bison out of Yellowstone National Park and into tribal lands, plaintiffs sought an injunction to halt this movement until the department complied with MCA § 87-1-216.  The District Court granted the plaintiffs a preliminary injunction.  Upon appeal by defendants and defendant intervenors, however, the Supreme Court of Montana held that MCA § 87-1-216 did not apply and that the District Court relied on erroneous grounds for issuing a preliminary injunction under MCA § 27-19-201(2). The case was therefore reversed, the preliminary injunction vacated and the case was remanded back to the District Court.
 
Creekstone Farms Premium Beef v. United States Department of Agriculture   517 F.Supp.2d 8 (D.D.C.,2007)   Creekstone Farms Premium Beef (Creekstone) sought to independently test their slaughtered cows so they could more safely provide meat to consumers. Creekstone requested testing kits from the USDA, the same kits that USDA inspectors use to test for BSE. The district court ruled that Creekstone could perform the tests.  
Creekstone Farms Premium Beef, L.L.C. v. Department of Agriculture   539 F.3d 492 (D.C.Cir., 2008)   Plaintiff, a supplier of beef products, brought an action against Defendant, the United States Department of Agriculture (USDA), after the USDA denied Plaintiff’s request to purchase Bovine Spongiform Encephalopathy (BSE) testing kits.  The United States Court of Appeals, District of Columbia Circuit found that the USDA has authority under the Virus Serum Toxin Act (VSTA) to regulate the use of biological products, the USDA’s interpretation of VSTA allowing the USDA to deny an import permit based on the product’s intended use was not inconsistent with the regulation and was therefore entitled to deference by the Court, the USDA’s interpretation of the word “treatment” as including diagnostic activities was entitled to deference, and that  BSE testing is a diagnostic activity for purposes of VSTA.  
Dufer v. Cully   3 Or. 377 (1871)   This case involved a plaintiff who sued for damages when a bull strayed into, or broke into the plaintiff's enclosures, and the plaintiff, with two other men, went to drive the bull away.  The court held that the owner of a domestic animal is not generally liable for injuries resulting from the vicious disposition of the animal, unless he is chargeable with notice.  
Farnham v. Meder   45 A.D.3d 1315 (N.Y.A.D. 4 Dept., 2007)   In this New York case, the plaintiff commenced this negligence action seeking damages for injuries sustained when defendants' bull knocked him to the ground while plaintiff was chasing the bull from his own property. Defendants moved for summary judgment dismissing the complaint on the ground that plaintiff's activities in chasing the bull constituted primary assumption of the risk. This court concluded that Supreme Court properly denied defendants' motion. The record established that plaintiff was fully familiar with defendants' bull and had in fact chased the bull from plaintiffs' property on prior occasions. At no time had the bull ever acted aggressively toward plaintiff, and thus plaintiff had no reason to assume that the bull would do so on this particular occasion.  
Faulkner v. Watt   661 F.2d 809 (9th Cir. 1981)  

Reaffirms that purpose of the Taylor Grazing Act (TGA) is to stabilize the livestock industry and protect the rights of sheep and cattle growers from interference and that the Secretary of the Interior may reasonably classify lands under the TGA as suitable for agriculture.

 
Forest Guardians v. Veneman   392 F.Supp.2d 1082 (D.Ariz.,2005)   District Court held that United States Forest Service could issue permits that allow cattle on lands near waterways where spikedace and loach minnows live, both species are listed as "threatened" species, even though this grazing could delay their recovery.  
Galloway v. Kuhl   806 N.E.2d 251 (Ill. 2004)   Motorist injured when cattle strayed onto highway in violation of state law.  The lower court allowed the defendant's to assert the affirmative defense of comparative negligence, reducing Motorists damages, but the jury still found in favor of the Motorist.  Both sides appealed, and the Court held that (a) comparative negligence affirmative defense was valid; and (b) jury's damage configuration was legally inconsistent.  
Greives v. Greenwood   550 N.E.2d 334 (Ind.App. 4 Dist.,1990)   Cattle breeders sued veterinarian who negligently vaccinated two cows leading to slaughter of one and quarantine of the herd was quarantined. The Court of Appeals held that breeders: (1) could not recover lost profits from unborn and future unborn calves; (2) could not recover damages for injury to business reputation; (3) could not recover for default in payment of financial obligations or collection procedures brought against them; (4) were properly allowed to present evidence as to the loss of net profits as result of cancellation of spring production sale and subsequent delay in selling animals; and (5) interest expense was not a variable cost for purposes of action.  
Hairston v. Burger King Corp.   764 So.2d 176 (La.App. 2 Cir.,2000)   Louisiana appeals court affirmed trial court's finding that plaintiff failed to adequately link her stomach ailment with a burger purchased from Burger King and thus could not sustain an action that sought recovery of alleged damages suffering due to food poisoning.  
Harvey v. Southern Pac. Co.   80 P. 1061 (1905)   This is a case involving a train hitting a cow.  This case involves a judgment for defendant based upon plaintiff's common-law negligence complaint in that defendant ran its train upon and killed the plaintiff's cow.  The appellate court upheld defendant's motion for a directed verdict where plaintiff alleged negligence on the part of defendant for failing to fence in its track.  
Hastings v. Sauve   ---N.E.2d ----, 2013 WL 1829834 (N.Y., 2013)   After plaintiff motorist was injured after hitting a cow that had wandered onto the highway, she sued farm owner, operator of cattle-shipping business, and operator's assistant, alleging that defendants were negligent in not properly confining cow to its pasture. There was no evidence that cow had a vicious or abnormal propensity, or that cow's owner knew of propensity, as required to support a strict liability claim. However, on appeal to the Court of Appeals, the court held that a landowner or the owner of an animal may be liable under ordinary tort-law principles when a farm animal is negligently allowed to stray from the property on which the animal is kept.
 
Hastings v. Sauve   94 A.D.3d 1171 (N.Y.A.D. 3 Dept., 2012)  

Plaintiff motorist was injured after hitting a cow that had wandered onto the highway, and sued owner for negligently failing to confine cow. The Supreme Court held that injury claims could only proceed under strict liability theory based on owner's knowledge of animal's vicious propensities. There was no evidence that cow had a vicious propensity, or that owner knew of propensity, thus, owner was not liable. This order was Reversed by Hastings v. Sauve, 2013 WL 1829834 (N.Y., 2013).

 
Honeycutt v. State Farm Fire & Casualty Co.   890 So.2d 756 (2nd Cir. 2004)   A driver hit a cow standing in the road and the driver brought suit against the cow's owner and the owner's insurance agency.  The trial court held in favor of the driver and the Court of Appeals affirmed based upon the doctrine of res ipsa loquitor.  
Humane Soc. of Rochester and Monroe County for Prevention of Cruelty to Animals, Inc. v. Lyng   633 F.Supp. 480 (W.D.N.Y.,1986)   Court decided that the type of branding mandated by Secretary of Agriculture constitutes cruelty to animals because other less painful and equally effective alternatives exist and therefore freed dairy farmers to use other branding methods like freeze branding.  
Idaho Dairymen's Ass'n, Inc. v. Gooding County   227 P.3d 907 (Idaho 2010)   After Gooding County adopted an ordinance regulating confined animal feeding operations (CAFOs), cattle ranching and dairy associations brought suit challenging the constitutionality and validity of provisions within the ordinance and seeking declaratory and injunctive relief.  The district court entered summary judgment in favor of the county, and the associations appealed.  The Idaho Supreme Court affirmed the district court's findings.   
King v. Karpe   338 P.2d 979 (Ca.,1959)   Plaintiff sued for damages after a cow was sent to slaughter after a veterinarian had determined that she was incapable of breeding. The court recognized “peculiar value” of the cow where there was evidence that she was slaughtered before she had completed a course of treatment meant to restore her to brood status, that she could have produced for another five or six years, that the three bull calves she had produced were outstanding, that defendant took a half interest in them as the breeding fee and exhibited them at shows, that the cow's blood line produced calves particularly valuable for inbreeding, that plaintiff needed this type of stock to build up her herd, and that defendant had knowledge of these facts. The value of the bull to which the cow had been bred was also material to the cow’s actual value.  
Kintner v. Claverack Rural Elec. Co-op., Inc.   478 A.2d 858 (Pa.1983)   A dairy farmer sued electric utility for trespass and damages after 14 cows were electrocuted by downed power lines. The Superior Court held that the dairy farmer was not entitled to loss-of-use damages because he chose to replace the electrocuted cows by raising others from his herd rather than by immediately buying mature milk-producing cows.  
Larry BARD et al., Appellants, v. Reinhardt JAHNKE, Individually And Doing Business as Hemlock Valley Farms, Respondent, et al., Defendant.   --- N.E.2d ----, 6 N.Y.3d 592, 2006 WL 1148098 (N.Y.)   The accident underlying this litigation occurred on a dairy farm owned and operated by defendant. Plaintiff Larry Bard, a self-employed carpenter, arrived at the farm to meet defendant John Timer, another self-employed carpenter to repair of the dairy barn. While working, Bard was seriously injured by a bull. Bard, with his wife suing derivatively, commenced an action against both Jahnke and Timer to recover damages for his personal injuries, alleging causes of action sounding in strict liability and negligence. In affirming the Appellate Division's grant of defendant's motion for summary judgment, this court found that Jahnke was not liable for Bard's injuries unless he knew or should have known of the bull's vicious or violent propensities. The Court noted that the record contained no such evidence.  
Mack v. State of Texas (unpublished)   2003 WL 23015101 (Not Reported in S.W.3d)  

The Texas Appeals Court affirmed the trial court's decision that failure to adequately provide for cattle such that they suffered from malnourishment constituted animal cruelty offense under Texas law. The court found that the evidence was legally sufficient to establish that malnourished cow was one of the many domesticated living creatures on defendant's ranch, and was therefore an “animal” under the state law.

 
McPherson v. Schlemmer   749 P.2d 51 (Mont. 1988)   In McPherson v. Schlemer, plaintiff’s cows were killed by defendant when they wandered onto the highway. The court determined that damages were calculated at the present and future profits for fair market value.  
Missouri Farmers Ass'n v. Kempker   726 S.W.2d 723 (Mo.,1987)   Missouri Farmers Association sued a dairy farmer on account and notes. The farmer counterclaimed, alleging that Association had supplied defective feed. The Supreme Court held that farmer's recovery for diminution in cows' value did not preclude recovery for loss of milk and calf production. However, the  farmer failed to sufficiently link the feed to his damages, so his evidence of lost profits was speculative, which prevented recovery.  
Molenaar v. United Cattle Co.   553 N.W.2d 424 (Minn.App., 1996)  

Plaintiff livestock owner sued defendant livestock owner for conversion after defendant knowingly took both its heifers and plaintiff's heifers from a livestock holding facility that defendant was suing for breach of contract. The District Court entered judgment after a jury verdict in favor of plaintiff but granted judgment notwithstanding verdict (JNOV) to defendant on punitive damages. The Court of Appeals held that punitive damages could be awarded even though defendant did not suffer personal injury and the evidence was sufficient to find defendant liable for conversion.  This case established that a litigant may recover punitive damages for conversion of property if the conversion is in deliberate disregard of the rights or safety of others.

 
Molinari v. Tuskegee University   339 F. Supp. 2d. 1293 (N.D. Ala. 2004)   A veterinary student was kicked by a cow while trying to perform a medical procedure.  The student brought a personal injury lawsuit against the professor and university for negligently allowing the university-owned cow to kick her and not providing timely medical treatment.  Defendants' motion for summary judgment was granted in part and denied in part.  
Moreland v. Adams   152 P.3d 558 (Idaho, 2007)  

A motorcyclist died when he ran into a calf on the road. His family sued for wrongful death. The court held that the owner of the calf was not liable because of open range immunity.

 
Nebraska Beef, Ltd. v. United States Department of Agriculture   398 F.3d 1080 (8th Cir. 2005)  

Eight Circuit Court of Appeals decided not to allow Nebraska Beef to pursue a Bivens remedy --remedy allows a party to recover damages when federal officials violate a person's constitutional rights when Congress has not provided an adequate remedy-- after the United States Department of Agriculture (USDA) allegedly breached a mutual consent decision agreed upon after the USDA issued Noncompliance Records for perceived regulatory violations.

 
Oestrike v. Neifert   255 N.W. 226 (Mich. 1934)  

In this case, defendant Neifert rented land to graze cattle.  Plaintiff owned billboards in the pasture that were often painted with lead-based paint.  Defendant's cattle ate the lead-contaminated paint left in the pails and the ground and subsequently died from poisoning.  The Court upheld the award of damages to defendant-Neifert on a negligence theory because plaintiffs should have reasonably known that the cattle would ingest the paint left in the pails and on the field.  For more, see Detailed Discussion.

 
Oregon Natural Desert Ass'n v. Kimbell   Slip Copy, 2008 WL 4186913 (D.Or.)  

After filing a complaint challenging certain decisions by the United States Forest Service and the National Marine Fisheries Service authorizing livestock grazing within a national forest, Plaintiffs filed a Motion for Temporary Restraining Order and/or Preliminary Injunction seeking an order prohibiting the authorization of livestock grazing on certain public lands until Plaintiffs’ claims could be heard on the merits.  The United States District Court, D. Oregon granted Plaintiffs’ motion, finding that Plaintiffs are likely to succeed on the merits of at least one of its claims, and that Plaintiffs made a sufficient showing that irreparable harm would likely occur if the relief sought is not granted. 

 
People for the Ethical Treatment of Animals, Inc. v. Kansas State Fair Board   891 F.Supp.2d 1212 (D.Kan. 2012)   Upon being informed by the Kansas State Fair Board (KSFB) that it must shield a video depicting graphic images of animals being slaughtered, the People for the Ethical Treatment of Animals (PETA) sought a preliminary injunction in order to show the video at the Kansas State Fair. PETA argued the shield was unconstitutional. The KSFB sought a motion to dismiss the lawsuit on the grounds of Eleventh Amendment Immunity, that PETA lacked Article Three Standing, and that the defendant was not a section 1983 person. Both motions were denied by the district court.  
People v. Olary   160 N.W.2d 348 (Mich. 1968)   Defendant argued that there was not sufficient evidence to sustain his conviction of cruelty to animals.  Specifically, he pointed out that there was no direct testimony with regard to the cause of the injuries to his cows.  The court disagreed and held that inattention to the condition of the animals was sufficient to constitute the offense of cruelty to animals.  For more, see Detailed Discussion.  
People v. Olary (On Appeal)   170 N.W.2d 842 (Mich. 1969)   Defendant argued that the evidence was insufficient to support his conviction of cruelty to animals.  Specifically, defendant argued that the Court of Appeals erroneously upheld the conviction because of his inattention to the condition of the cows and failure to provide medical treatment, when such action or failure to act was not punishable under the anti-cruelty statute.  The Supreme Court held that the evidence was sufficient to sustain a conviction of cruelty to animals because as a farmer, defendant could have realized that his conduct was cruel.  For more, see Detailed Discussion.  
People v. Preston   300 N.W. 853 (Mich. 1941)   Defendant was convicted of wilfully and maliciously killing three cows.  The issue considered on review was: "Are the circumstances and testimony here, aliunde the confession of the respondent, sufficient to create such a probability that the death of the cattle in question was intentionally caused by human intervention and to justify the admission in evidence of the alleged confession of the respondent?"  The court held that the evidence was sufficient to sustain the conviction.  For more, see Detailed Discussion.

 
People v. Sanchez   114 Cal. Rptr. 2d 437 (Cal. App. 2001).   Defendant on appeal challenges six counts of animal cruelty. The court affirmed five counts which were based on a continuing course of conduct and reversed one count that was based upon evidence of two discrete criminal events.  
Petersheim v. Corum   815 N.E.2d 1132 (Ohio, 2004)   Driver struck bull that had wandered onto a public highway and driver was killed.  Court of appeals ruled for wife in a wrongful death action against the bull's owner.  The owner had a duty to take reasonable precautions to prevent the bull's escape.  
Ranchers Cattleman Action Legal Fund United Stockgrowers of America v. U.S. Dept. of Agriculture   415 F.3d 1078 (9th Cir. 2005)   The court was presented with the question of whether the district court erred in issuing a preliminary injunction prohibiting the implementation of a regulation of the United States Department of Agriculture ("USDA") permitting the resumption of the importation of Canadian cattle into the United States.  The court concluded that it did and therefore reversed the district court.   
Safford Animal Hospital v. Blain   580 P.2d 757 (Ariz.App.,1978)  

Appellant animal hospital sought review of the judgment entered against it for the injuries suffered by an individual after a cow escaped from the hospital and struck the man who owned the house to which the cow had run as the man tried to help the veterinarian secure the animal.  The court held that appellant's liability is predicated upon its position as an owner or occupier of land whose duty with regard to the keeping of domestic animals is circumscribed under a bailment theory. Further the court held that the evidence supported the trial court's finding that appellant negligent under the doctrine of res ipsa loquitur. 

 
Schwerdt v. Myers   683 P.2d 547 (1984)   This appeal to the Oregon Supreme Court related to the mental state requirement in determining an animal owner's liability for escape of cattle.  The Oregon Supreme Court, on review, held that simple rather than criminal negligence was the correct level of culpability for determining an animal owner's liability, and damages are available under a statute making an animal owner liable if an animal is permitted to escape onto another's property.  
Shively v. Dye Creek Cattle Co.   35 Cal.Rptr.2d 238 (Cal.App.3.Dist.)   This California case concerned a personal injury action arising from a collision between the plaintiff's car and defendant's black Angus bull, which was lying on the highway at night. The trial court granted the defendant's motion for summary judgment. In reversing this decision, the Court of Appeal held that the open range law does not itself define the duty owners of cattle owe nor does it exempt them from the duty of ordinary care.  
Smithfield Foods, Inc. v. Miller   241 F.Supp.2d 978 (S.D.Iowa,2003)  

The Court struck down an Iowa law that banned certain producers from owning or controlling livestock in Iowa based on the Dormant Commerce Clause.

 
Snyder v. Bio-Lab, Inc.   405 N.Y.S.2d 596 (N.Y.Sup.,1978)   Plaintiffs sought damages after having to slaughter dairy cows that were injured by defendant’s defective machine. The Court held that plaintiffs could recover 1) the fair market value less salvage value of the cows, 2) the loss of profit during the period after the incident when cows of comparable quality became available on the market, and 3) the calculable loss in milk production caused by the incident's negative impact on the milk production level of the remaining cows.  
Spencer Creek Pollution Control Ass'n v. Organic Fertilizer Co.   505 P.2d 919 (1973)   This is a nuisance case involving the operation of a cattle feed lot.  Plaintiff sued to enjoin feed lot operators from interfering with use and enjoyment of plaintiffs' property asked for damages. The circuit court rendered judgment and defendant appealed. The Supreme Court held that decree limiting defendants to having no more than 600 head of cattle on its feed lot at one time was reasonable.  
Sprague v. Magruder Farms, Inc.   594 P.2d 1324 (1979)   This is an appeal from a circuit court decision where the appellant claimed error for failure to grant a nonsuit and directed verdict in a case involving livestock running at large.  Plaintiff brought suit under a state statute which provides that an livestock owner shall not permit an animal to run at large or go on the land of another.  The Court of Appeals held that the defendant permitted its cattle to run at large, the plaintiff's oat fields were the lands of another according to the statute, and that the plaintiff's loss was satisfactorily established.  
Stanko v. Maher   419 F.3d 1107 (10th Cir. 2005)   A livestock owner and drover sued the Wyoming state brand inspector, alleging that inspector violated his state and federal constitutional rights in making warrantless seizure of five head of livestock, and that inspector abused his office in violation of state constitution. Plaintiff Rudy Stanko, proceeding pro se, appealed from the district court's order granting summary judgment to defendant Jim Maher.  The appellate court affirmed the entry of summary judgment in favor of Mr. Maher, holding that the warrantless search of cattle did not violate Fourth Amendment and the inspector did not violate the Fourth Amendment by making warrantless seizure of cattle as estrays.  Further, the procedure provided under Wyoming brand inspection statutes prior to seizure of cattle deemed to be estrays satisfied due process requirements.  
State v. Hatlewick   2005 WL 1634309 (N.D., 2005)   A man was charged with failing to maintain a proper fence to contain his cattle.  Despite the man's efforts to fix the fence when notified his cattle had gone through it, the trial court found the man guilty on three counts of willfully permitting livestock to run at large.  The Court of Appeals affirmed the trial court's conviction.  
State v. Morison   365 P.2d 266 (Colo.1961)   Cattle owners sued the state and its agricultural commission for negligently performing the duty to use proper steps to prevent the spread of a contagious disease after they bought dairy cows at a sale that subsequently infected their herd. The owners were forced to sell their herd of dairy cows. The Supreme Court held that the owners could recover the difference between fair market value of their herd before and after it contracted the disease, loss of profits due to diminished milk production from cows before sale, value of silage or feed that had been contaminated, and reasonable costs of disinfecting the farm, but not for loss of profits for the dairy operation after they sold the cows, or loss of progeny.  
Stauber v. Shalala   895 F.Supp. 1178 (W.D.Wis.,1995)   Court found that milk consumers failed to prove that milk gained from rBST-treated cows contains higher levels of antibiotics, tastes different, or differs in any noticeable way from "ordinary" milk. That consumers might demand mandatory labeling was not enough to require labeling; rather, the FDA was required to ensure that products are not misbranded and consumer demand could not require the FDA to forgo this duty.  
Supreme Beef Processors, Inc. v. U.S. Dept. of Agriculture   275 F.3d 432 (C.A.5 (Tex.),2001)  

The Fifth Circuit United States Court of Appeals affirmed the district court's decision that the Federal Meat Inspection Act focuses on the processes used by a manufacturer and not the product itself, and that the presence of Salmonella bacteria in the meat does not necessarily make a product "adulterated" because the act of the cooking meat normally destroys the bacteria.

 
Supreme Beef Processors, Inc. v. U.S. Dept. of Agriculture   113 F.Supp.2d 1048 (N.D.Tex.,2000)  

North Federal District Court of Texas ruled that the Federal Meat Inspection Act (FMIA) only empowered the Food Safety and Inspection Services to prevent the United States Department of Agriculture from allowing companies to sell adulterated meat to the public. To find meat adulterated under FMIA requires that the processor's plants conditions are insanitary, thus the FSIS should focus on the manufacturing process and not the final product to determine that a plant is insanitary.

 
Sutton v. Sutton   243 S.E.2d 310 (Ga.App. 1978)    
Taft v. Taft   433 S.E.2d 667 (Ga.App.,1993)  
In this Georgia case, an adult son, who was business invitee, brought an action against his father to recover for injuries sustained when he was attacked by his father's bull while attempting to corral it for market. The lower court entered judgment for son, and father then appealed. The Court of Appeals, held that it for the jury to determine questions as to proximate cause, viciousness of bull, assumption of risk, superior or equal knowledge, contributory negligence, and negligence of the plaintiff. The failure of the trial court to charge adequately on proximate cause required a reversal, notwithstanding appellant's lack of a timely and proper request for a specific proximate cause charge. Judgment reversed.
 
Texas Beef Group v. Winfrey   201 F.3d 680 (C.A.5 (Tex.),2000)  
Cattle ranchers in Texas sued the The Oprah Winfrey Show and one of its guests for knowingly and falsely depicting American beef as unsafe in the wake of the British panic over “Mad Cow Disease.” The matter was removed from state court to federal court. The federal district court granted summary judgment as a matter of law on all claims presented except the business disparagement cause of action, which was eventually rejected by a jury. The court alternately held that no knowingly false statements were made by the appellees. This court affirmed on this latter ground only, finding that the guest's statement and the producers' editing of the show did not violate the Texas False Disparagement of Perishable Food Products Act. 
 
Thacker ex rel. Thacker v. Kroger Co.   155 Fed.Appx. 946 (C.A.8 (Mo.),2005)   Eighth Circuit Court of Appeals affirmed district court decision that Thacker family failed to link an injury to ground beef the USDA requested a recall on.  
Thomas v. Stenberg   142 Cal.Rptr.3d 24 (Cal.App. 1 Dist.)   While driving his motorcycle down a private road that had easement access, the plaintiff was injured by a charging cow. Arguing the defendant had a duty to warn of the presence of an unconfined and inherently dangerous animal, the plaintiff brought a negligence and a premise liability suit against the defendant. Upon appeal, the court held that the plaintiff had failed to prove that the defendant was negligent and that the defendant was strictly liable for the cow's actions; the court, therefore, ruled in favor of the defendant.  
Ventana Wilderness Alliance v. Bradford   2007 WL 1848042 (N.D.Cal.,2007)   Court upheld United States Forest Service's decision to allow cattle grazing on land designated as "wilderness" because grazing had been established on the land and because the federal agency had taken the necessary "hard look" at the environmental consequences caused by grazing.  
Watzig v. Tobin   623 P.2d 1121 (1981)   This is an appeal of a district court decision on property damages from plaintiff's car hitting defendant's cow.  On appeal, the Court determined that the animal owners did not violate a closed range statute merely because their cow was on a public highway, that the presence of an animal on a public highway does not establish that the animal owners were negligent, and that the driver of an automobile has a duty to maintain a reasonable outlook for animals on public highways.  
Western Watersheds Project v. Dyer   2009 WL 484438 (D.Idaho)   The plaintiff, Western Watersheds Project (WWP), is an environmental group that brought this lawsuit to ban livestock grazing in certain areas of the Jarbidge Field Office (1.4 million acres of public land managed by the Bureau of Land Management in Idaho and northern Nevada). WWP alleges that continued grazing destroys what little habitat remains for imperiled species like the sage grouse, pygmy rabbit, and slickspot peppergrass (deemed “sensitive species” by the BLM).  After ten days of evidentiary hearings, the court found that three sensitive species in the JFO are in serious decline and that livestock grazing is an important factor in that decline. However, the court found that a ban on grazing was not required by law at this point since the Court was "confident" in the BLM's ability to modify the 2009 season in accordance with the Court's interpretation of the existing RMP.  
Western Watersheds Project v. Kraayenbrink   632 F.3d 472 (9th Cir., 2011)   Plaintiff environmental advocacy organization sued the Bureau of Land Management (BLM) for revisions to nationwide grazing regulations for federal lands. Plaintiff argued that the 2006 Regulations violated the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), and the Federal Land Policy and Management Act (FLPMA). The Court of Appeals found for the plaintiff, holding that BLM violated NEPA by failing to take a “hard look” at the environmental consequences of the proposed regulatory changes. BLM also violated the ESA by failing to consult with Fish and Wildlife Service (FWS) before approving the revisions. The FLPMA claim was remanded.  
Western Watersheds Project v. Kraayenbrink   620 F.3d 1187 (C.A.9 (Idaho). 2010)  

Plaintiff environmental advocacy organization sued the Bureau of Land Management (BLM) for revisions to nationwide grazing regulations for federal lands, arguing that the revisions violated the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), and the Federal Land Policy and Management Act (FLPMA). The Court of Appeals held that BLM violated NEPA by failing to take a “hard look” at the environmental consequences of the proposed changes, and violated the ESA by failing to consult with Fish and Wildlife Service (FWS) before approving the revisions. Opinion Amended and Superseded on Denial of Rehearing en banc by: Western Watersheds Project v. Kraayenbrink, 632 F.3d 472 (9th Cir., 2010).

 
Westfall v. State   10 S.W.3d 85 (Tex. App. 1999).   Defendant convicted of cruelty for intentionally or knowingly torturing his cattle by failing to provide necessary food or care, causing them to die. Defendant lacked standing to challenge warrantless search of property because he had no expectation of privacy under open fields doctrine.  
Wrinkle v. Norman   242 P.3d 1216 (Kan. App., 2010)  

Wrinkle filed a negligence action against his neighbors (the Normans) after he sustained injuries on thier property. The injuries stemmed from an incident where Wrinkle was trying to herd cattle he thought belonged to the Normans back into a pen on the Normans' property. The lower court granted the Normans' motion for summary judgment. On appeal, this court found that the question comes down to Wrinkle's status (invitee, licensee, or trespasser) to determine the duty owed by the Normans. This Court found that the district court properly determined that Wrinkle was a trespasser. Finally, the court addressed the K.S.A. 47-123 claim as to whether the Normans are liable for their cattle running at large. The court found that Wrinkle could not meet the burden under the statute.

 

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