Fireman's Fund Insurance v. Tucker

OPINION

LOPEZ, Judge.

This suit arose out of two separate accidents where a trailer — tractor collided with a cow on a public highway. The two cows were owned by Cross Claimant-Appellants. Plaintiffs sued the owners of the cows for negligence in failing to prevent their livestock from running on a fenced public highway and the Highway Department for failing to properly inspect and maintain the fence along the highway. The cattle owners cross-claimed against the Highway Department, asserting that any actionable negligence was imputable solely to the Highway Department whose statutory duty it was…