Appeal Court decision leads to extra responsibility for farmers

**Bob** · 15th July 2004, 21:50

A landmark case, in which a motorcyclist will receive damages following a collision with a bull calf, will have far-reaching consequences for road users and farmers across the country.

Peter Donaldson from Middlesbrough rode into a bull calf roaming across the road after a rambler had failed to shut a gate. The farmer, Alec Wilson, was found guilty of carelessness but the National Farmers Union took the case to appeal.

At the appeal hearing, Lord Justice Potter upheld the earlier decision and said that it was established law that farmers whose land was crossed by public footpaths had to take "all reasonable precautions" to ensure their animals did not stray onto public roads and that it was not an overbearing duty for a farmer to pay for extra precautions, such as a self closing mechanism or a kissing type gate to be installed.

**FROSTY:Me** · 15th July 2004, 22:05

sounds like a load of bull to me :spudbooge :spudbooge

**Motu** · 15th July 2004, 22:50

For many,many years in NZ the law was that wandering stock on the roads were exempt from the damage they caused,I dunno what the real law was,some pedantic geek can look that up for me - but what it boiled down to was that if you hit and killed his prize bull you paid for it,oh,and your bike or car too.You couldn't touch him for letting his stock wander on public roads,it was some law passed at the dawn of time and was only dropped about 10 yrs ago.

**Wenier** · 15th July 2004, 23:46

That is a really bad law really. I mean if the farmer is unintentive enough to leave a gate open and someone hits it he should pay for vehicle damages and his animal well it shouldnt have been on a public road. If ya had to pay for an animal that u couldnt miss it would suck, i no id b highly pistd

**georgedubyabush** · 16th July 2004, 04:51

Read it again... A 'rambler' left it open, not the farmer.

**Mongoose** · 16th July 2004, 08:45

SOME farmers around here need that sort of reminder. There are lots of circumstances where the cocky does nt know his stock is out but there are other cockies who ALWAYS have stock out on the road causing another obsticle for bikers/drivers.

**James Deuce** · 16th July 2004, 09:04

Originally Posted by Motu

For many,many years in NZ the law was that wandering stock on the roads were exempt from the damage they caused,I dunno what the real law was,some pedantic geek can look that up for me - but what it boiled down to was that if you hit and killed his prize bull you paid for it,oh,and your bike or car too.You couldn't touch him for letting his stock wander on public roads,it was some law passed at the dawn of time and was only dropped about 10 yrs ago.

Wrote off a company car on a Cow in about 1986 and had to pay for the cow and the excess on the vehicle insurance.