Maguire v. Yanke

I disagree with the majority’s analysis of the law governing the liability of owners for damage caused by their trespassing livestock and its conclusion that defendant appellant Yanke cannot be held liable for the damage his cattle caused plaintiff respondent Maguire’s hayfield.

The majority is correct in stating that the English common law rule that an owner is strictly liable for trespasses of his animals has generally not been applicable in Idaho. However, the rule which the majority finally adopts after an inconsistent analysis, some of which I frankly do not understand, is that except for…