Misterek v. Washington Mineral Products, Inc.

*167Wright, J.

This case involves a matter of liability for injury and damages caused by the unlawful presence of horses on a public highway in Pacific County. The major questions presented are: (1) Does RCW 16.13, which applies to horses, conflict with the herd law, RCW 16.24, which applies to all livestock? (2) Is the common law relative to liability for livestock superseded by the various provisions of RCW Title 16?

The facts are indeed simple. About 10 p.m. on August 20, 1969, the petitioners were riding in a station wagon owned and driven by another person. Two horses upon Highway 101 caused…