7 replies [Last post]
Don Fischer's picture
Offline
Moderator
Location: Antelope, Ore
Joined: 03/24/2005
Posts: 3183
Open gates

I talked to the lady that owns the cow I hit a couple weeks ago. Very nice lady and a good talk. A number of things I think need telling here.

I went back durning daylight and looked at their fences, very good fences, these cows did not come thru a fence. She told me about the people using the public land where they graze cows, they pay for that. Of gates being left open, animals being shot at and buildings being shot at. We talked about the total lack of warning signs for open range, there are none. In the end a cow died with about seven more productive years and I've got a totaled out truck. It was a county road but the county claims no responsibility to post it "open range", neither does the state. The insurance company will pay for the cow because I hit it on open range even tho it is un-marked and there are good fences. They will deduct that from my settlement. The ranchers insurance company takes the view that they are not liable because it's open range. The county and the state accept no blame because they are not responsible for anything bad that happens, only everything good!

Having looked at the place in daylight, I'm certain that the land owner did all they could to contain their cows. Who's to blame here? The rancher, I don't think so. Me? A jet black cow in the middle of a black road after dark on a very dark night, I'd hope not. I think that ultimately the responsible party was the person that left open a gate, weather hunter, 4 wheeler or hiker. That persons disreguard for closing gates behind him/her let out the cows that got loose. The county and the state are responsible for nothing,,,unless it's good!

On another site a guy was complaining about sheep on his hunting lease. Seems the owner leased out for grazing and for hunting. I think that the guy should have found the owner of the sheep and worked out something but he felt he'd leased it and had a right. Probally true but in the process of excerising his right's he could well put a bad mark on ALL of us. There is no place to hunt so important, there is no place to shoot so important, that we can't give some concideration to other user's and especially land owner's.

I just though that maybe now and again it might be well to mention these things.

PreviewAttachmentSize
Dodge wreack 005.jpg
Dodge wreack 005.jpg240.9 KB
Offline
Moderator
Joined: 12/03/2005
Posts: 1691
Open gates

We don't have "open range"here. The owner of the cattle is responsible if struck anywhere off their property
Lucky you weren't driving a small car.

Offline
Moderator
Location: Nova Scotia
Joined: 08/17/2002
Posts: 1762
Open gates

I second Hammers thoughts. You are lucky to be walking. Good thing you had that push bar on your truck or you might have had the old cow snuggling up on your lap!

cowgal's picture
Offline
Moderator
Location: Colorado
Joined: 03/10/2002
Posts: 1787
Open gates

In Colorado all open range must be posted. Not sure if state or county is responsible for posting (maybe both?) but the public must be made aware of the potential of livestock on the road.

Now if someone leaves a gate open, not sure who ends up taking the blame. I'm guessing the owner of the livestock would still be held liable, even if somebody left the gate open without their knowledge.

Sounds like a sticky situation to me.

Offline
Location: ontario
Joined: 07/07/2006
Posts: 237
Open gates

Great picture of your truck. Remember those pics of the old steam engines with that long pointy thing on the front of them? Well, they call them cowcatchers. Looks like yours didn't work too well.

Don Fischer's picture
Offline
Moderator
Location: Antelope, Ore
Joined: 03/24/2005
Posts: 3183
Open gates
sawbill wrote:
Great picture of your truck. Remember those pics of the old steam engines with that long pointy thing on the front of them? Well, they call them cowcatchers. Looks like yours didn't work too well.

The hell it didn't! I believe that had that brush guard not been there, the cow would have been in my lap! Yes

Offline
Location: Colorado
Joined: 11/09/2005
Posts: 166
Open gates

As best I can recall, all of the open range I've seen here in Colorado has had the cattle guard type of gate that doesn't need to be opened and closed. Seems to me like the owner of the cattle would have an incentive to put in those types of gates.

Offline
Location: Pennsylvania
Joined: 10/28/2003
Posts: 1647
Open gates

When I was in Argentina we saw a cow outside of the farmers fence. My outfitter told me that it was totaly legal to shoot that cow because it was the landowners responsibility to make sure his animals didn't get on the road. He also said that law was made because the farmers would let thier cows out to feed on the grass along side the road after they ate all the grass inside the fence. Your post just reminded me of that story.

Related Forum Threads You Might Like

ThreadThread StarterRepliesLast Updated
Squirrel opener Oct 1bnow0707410/11/2005 10:31 am
Land for Lease, Gates Co. NCrockhill003/28/2008 17:27 pm
Buy Stamps to Send Email?Quicksilver403/09/2004 23:19 pm
Bowhunters needind helpjunglecreepin112/22/2006 17:45 pm
Soldiers looking for hunting Opportunitiesjunglecreepin012/09/2006 21:11 pm