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Apr. 16th, 2003
still studying; Cow Tort Case
Apr. 16th, 2003 05:56 pmBravo!'s still on crack. Whores.
Crack whores, in fact :)
Here's a neato fact pattern:
Guy driving too fast on a wet night, in a car with shoddy brakes, on a highway. Careens off the highway into Farmer A's field and hits a cow. Moo.
OK, so far, it's straightforward negligence, and you got all your elements:
But this is where it gets interesting. Driver ricochets off Farmer A's cow, screeches across the field, and hits Farmer B's fence. Which is one of those barbed-wire-stapled-to-posts jobbies. And upon hitting a post, the wires pull off, also pulling off several staples in the process and flinging them hither and yon across Farmer C's pasture.
Fast forward an indeterminate time. Farmer C's cows are munching away placidly in his pasture, and, not having refined palates, consume the staples. They get tummyaches. Big ones. Probably four tummyaches each, since they're cows and cows have four stomachs. They're sick for a long, long time. This is not good, as they are milk cows. Farmer C loses several days of milk production from several cows, as well as being put through the expense of vet fees and medication. Big financial setback for Farmer C.
So, can Farmer C sue the driver?
If you made this stuff up, people would think you made this stuff up. Amazingly enough, it's real. I wish I had the proper citation because I'd like to read this for myself, but unfortunately QuickLaw has never heard of the case with the citation I was given.
Ooh! Big Gun by Ice-T!!
( Big Gun Lyrics(warning: not for the faint of heart - cussin' and stuff and Ice-T bein' all feminist) )
Crack whores, in fact :)
Here's a neato fact pattern:
Guy driving too fast on a wet night, in a car with shoddy brakes, on a highway. Careens off the highway into Farmer A's field and hits a cow. Moo.
OK, so far, it's straightforward negligence, and you got all your elements:
- Duty of Care - driver owes a duty to people or beings on or near the highway
- Standard of Care - the standard is that of a prudent driver, and he obviously breached it
- Causation - ::sounds of brakes screeching::MOOO::smuck::mooo...
- Remoteness - car hit cow. Not remote.
But this is where it gets interesting. Driver ricochets off Farmer A's cow, screeches across the field, and hits Farmer B's fence. Which is one of those barbed-wire-stapled-to-posts jobbies. And upon hitting a post, the wires pull off, also pulling off several staples in the process and flinging them hither and yon across Farmer C's pasture.
Fast forward an indeterminate time. Farmer C's cows are munching away placidly in his pasture, and, not having refined palates, consume the staples. They get tummyaches. Big ones. Probably four tummyaches each, since they're cows and cows have four stomachs. They're sick for a long, long time. This is not good, as they are milk cows. Farmer C loses several days of milk production from several cows, as well as being put through the expense of vet fees and medication. Big financial setback for Farmer C.
So, can Farmer C sue the driver?
If you made this stuff up, people would think you made this stuff up. Amazingly enough, it's real. I wish I had the proper citation because I'd like to read this for myself, but unfortunately QuickLaw has never heard of the case with the citation I was given.
Ooh! Big Gun by Ice-T!!
( Big Gun Lyrics(warning: not for the faint of heart - cussin' and stuff and Ice-T bein' all feminist) )
