Larson-Murphy v. Steiner

¶121 I concur with the majority opinion, except for that part which reversed the holding in Indendi v. Workmen (1995), 272 Mont. 64, 899 P.2d 1085, that violation of Montana’s legal fencing requirements found at § 81-4-101 is negligence per se in the context of a livestock-motor vehicle collision.

¶122 The majority concludes that violation of the legal fence requirement was not negligent per se in the context of a livestock-motor vehicle collision because motor vehicle operators are not members of the class for which the legal fence requirement was enacted. I disagree and conclude that the…