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Woman Hits Steer and Dies; Rancher Blamed
Yahoo! News ^ | Associated Press

Posted on 12/14/2004 2:32:45 PM PST by Tarpaulin

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To: SoDak
I've seen the same signs in Wyoming and Montana.

Yep. Seen them in west Texas years ago. Arizona and New Mexico too.

I don’t know if I’m correct, but at the time I thought most of the open range land had something to do with Indian reservations… sure seemed to at the time.

And no, if you smack their cow on open range and kill yourself you aren’t getting anything. If they want to be a-holes about it they can take you to court for hitting their cattle.

I remember a case years ago on “The People’s Court” back when old Wapner was the judge. Some dope had hit a cow and was suing him for $3,000. When it came to the defendant’s turn he just said “It’s open range land.”

Old Wapner acted like the guy was nuts. Went to recess and came back saying he’d looked into it and sure enough it was open range land. He claimed he’d never heard of such a thing before. Ended up ruling against the plaintiff and giving the defendant $600 on his countersuit, the way I remember it.

21 posted on 12/14/2004 2:51:07 PM PST by Who dat?
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To: Tarpaulin

In Texas all counties used to be open range. Now we have local option on that issue. Even in "opne range" counties livestock has to keep off of Federal and State numbered highways.


22 posted on 12/14/2004 2:51:47 PM PST by Pilsner
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To: Nakota

"Open Range" is a land designation, not a law.

This rancher is toast if the collision occurred off of "open range". Which I am assuming it is or LE wouldn't be enforcing it.

His fences are in disrepair and he is (possibly) too old to fix them himself and too cheap or too broke to pay to have it done, so his cattle are frequently on the highway and now six kids are orphans and the deputies that had to clean up the highway fatality are sick and angry about it.

He's not going to have a ranch left after the civil wrongful death suit, since he has a lengthy history of negligence documented by the sherrif's dept.


23 posted on 12/14/2004 2:52:34 PM PST by Valpal1 (The constitution is going to be amended, the only question is by whom?)
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To: Who dat?
Incidentally, the open range is especially hazardous for motorcyclers.

It'll dip down cool at night but the road will still be nice and warm. The cows will lie down in the road and you generally won't notice them until you're about to hit them.

Over the years I've read articles about at least a half-dozen motorcyclists that dug in that way...

24 posted on 12/14/2004 2:53:31 PM PST by Who dat?
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To: SoDak

Yup, here in Utah it is marked "open range" if it is. By the sounds of it, in this case it ain't.


25 posted on 12/14/2004 2:55:29 PM PST by colorcountry (Tag - you're it)
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To: Tarpaulin

By the title of the thread alone I can tell she was NOT driving a SUV.


26 posted on 12/14/2004 2:57:06 PM PST by Mark in the Old South (Note to GOP "Deliver or perish" Re: Specter I guess the GOP "chooses" to perish)
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To: Tarpaulin
"It would have to be outrageous before we felt like it was appropriate to file charges like this," prosecutor Scott Wyatt said. "There have been a lot of cattle-car accidents in this valley, and none of those rise to a level of a crime. It's just when there's complete disregard."

Sounds like udder disregard for the law!

27 posted on 12/14/2004 2:57:27 PM PST by HenryLeeII (Democrats have killed more Americans than the Soviets and Nazis combined!)
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To: Who dat?

Incidentally, when you're in open range territory, that law is "fence out" not "fence in."

Maybe the highway department ought to be responsible to fence out those pesky animals (that we eat) in order to protect those fun-lovin' motorbike riders.

Isn't it up to the government to protect us all from ALL possible hazards? That's why we wear lapbelts and helmets, right?


28 posted on 12/14/2004 3:03:00 PM PST by colorcountry (Tag - you're it)
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To: Tarpaulin
Idaho law gives right of way to livestock. If you hit an animal, you must compensate the owner.
29 posted on 12/14/2004 3:03:30 PM PST by Myrddin
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To: farmfriend


30 posted on 12/14/2004 3:04:01 PM PST by Libertarianize the GOP (Make all taxes truly voluntary)
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To: colorado tanker

I have some land designated open range, and I still have a maintained fence near the state highway just for common sense safety to both cattle and cars, but there's no fence on the backside, and it's definitely drive at your own risk on those county roads. Of course, the county roads out this way see maybe one or two old farm trucks a day max, so it's not an issue.


31 posted on 12/14/2004 3:05:30 PM PST by SoDak (home of Senator John Thune)
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To: SoDak

There's not much open range left, but it is fun to drive through unfenced country when I find it.


32 posted on 12/14/2004 3:08:27 PM PST by colorado tanker (The People Have Spoken)
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To: colorado tanker

What about the DEER that are all over the place. Last year TEN people here in IA alone were killed by hitting deer along with 9 million in car damage! (We all pay for that when you pay your car insurance.) Why don't they thin down the deer herds by allowing more hunting???

No, can't do that... deer are such good natural animals the enviromentalists can't allow such a thing...


33 posted on 12/14/2004 3:16:53 PM PST by Rightone
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To: Tarpaulin

About a month ago there was a report in Arizona of a woman who was killed when she hit a wild horse. :(


34 posted on 12/14/2004 3:18:25 PM PST by HungarianGypsy
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To: HungarianGypsy

That's a good point. We still have to be careful because the wild animals don't respect fences. A deer can do a lot of damage, I'd hate to think what a horse would do.


35 posted on 12/14/2004 3:20:58 PM PST by colorado tanker (The People Have Spoken)
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To: Tarpaulin
I live in Maryland and my neighbor owned a fair number of cattle...and 3 bulls. One of his bulls got out, twice, coming on to our land...animal control warned him he had to control it.

He did nothing to secure the bull and it got out again. That bull came on our land..again, and attacked ME (no horns, tried to trample me). I made it to our house, go my 12 guage and loaded it with slugs.

We the bull came at me again, I shot it 3 times in the head and killed it.

He sued me...I counter sued. We went to court and he lost...I won my counter suit for personal and property damages.

Not only that, animal control confiscated his entire herd and fined him $10,000. also, I was told by the ACO, if I wanted to, that he could be charge with a form of "assault", but I declined to press charges.

A year before this, several of his steers got out, and went out onto our rural road, bunched on a blind curve. Another neighbor ran into them, totaled his car, and broke his shoulder. He sued him and won some $50,000 as well.

Some people are just fools, and they are all over the place. BTW, this guy is just a some rich guy who owns a a big computer software company, who thinks he's a land baron because he he could buy 500 acres and built a house with large fenced pastures....but knows NOTHING about running such an operation. He still can't control his horses and dogs...yet he wonders why his neighbors can stand him.
36 posted on 12/14/2004 3:21:27 PM PST by Jackson Brown
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To: Tarpaulin
Kunzler was arrested Monday and charged with one count of criminal homicide-manslaughter in the death of Kimberly Johnson of Auburn, Wash., a 40-year-old mother of six who was killed Nov. 27 after hitting one of his cows.

Between the headline and this paragraph there appears to be some confusion on the reporters part over the gender of this animal.

37 posted on 12/14/2004 3:23:56 PM PST by TC Rider (The United States Constitution © 1791. All Rights Reserved.)
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To: Tarpaulin
His reckless disregard got a mother killed. He should pay, both with criminal and civil charges.

He's out of the ranching business one way or the other.

38 posted on 12/14/2004 3:28:06 PM PST by Dog Gone
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To: Tarpaulin
"I don't care if my cows are hit by cars. I make more money claiming them on my insurance than selling them at the auction."

and I don't care if they lock him up and throw away the key.....after they take everything he owns and gives it to the woman's family

39 posted on 12/14/2004 3:34:22 PM PST by paul51 (11 September 2001 - Never forget)
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To: HungarianGypsy
About a month ago there was a report in Arizona of a woman who was killed when she hit a wild horse. :(

Horses are bad because they’re big and heavy and taller than most cars. You’ll basically hit their legs and that leaves the rest of the body to come through the windshield. That’s not so good.

People used to claim that a horse would tend to rear up before being hit. I don’t know about that, but saw a Kenworth cabover that hit a horse. It appeared like he’d reared up considering how high the damage was.

I was driving a conventional Peterbilt through eastern Oregon one night. Cruising along about 75 when I hit an owl (I guess – there were feathers and stuff embedded in the glass). It hit pretty-much dead-center between the driver/passenger windshields and right where the roof joins up with them. It peeled about 20” of the roof back along with taking out the passenger windshield and shattering the driver side windshield.

It’s sort of hard to anticipate things like that happening out of the clear blue sky. Heck of a scare too.

40 posted on 12/14/2004 3:39:44 PM PST by Who dat?
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