Lawful Fence C.R.S. § 35-46-101(1) defines a "lawful fence" as a "well-constructed three barbed wired fence with a substantial post set at a distance of approximately twenty feet apart, and sufficient to turn ordinary horses and cattle, with all gates equally as good as the fence..."
Obviously a three barbed wired fence won't stop a buffalo. A buffalo isn't an ordinary horse or cow. So if the homeowner had a three barbed wire fence then I would have to side with the homeowner.
Dogs? Well in this part of the country, you keep your dog at home. If your dog is found amongst my baby calves. The dog will die there. What dog? We did not see any dogs around here. He musta just gone up in the brush and died somewhere. I doubt you’ll ever see him again, big cat probably ate him.
Same here with buffalo : ) After about the second or third time someones buffalo comes through my fence (second time if they didn't immediately pay for damages the first time) I will have to buy an extra freezer or two and have big barbecue parties : )
I think the rancher is going to have a tough time proving that a buffalo is equivalent to a domesticated horse or cow.
Lets keep an eye on it and see how it plays out. Remember the dude is an outsider. The rancher is a home boy. The jury is the ranchers neighbors.
I am curious what the decisions will be.