Cornia v. Wilcox

I respectfully dissent. As the majority notes, its opinion “decline[s] to strictly apply standard bailment principles” and in effect creates a new rule for livestock grazed on *1388public rangeland. While it may reflect a legitimate policy choice, it is indeed a significant departure from existing law, a result not fully acknowledged in the opinion.

Wilcox contends that there was insufficient evidence to support a jury verdict that he had the legal right to exclude plaintiffs from possession of their cattle. He directs our attention to the undisputed evidence that the cattle were grazed for an…