Hitzel v. Clark

WOLLMAN, Justice.

This is an appeal from an amended judgment denying appellant recovery for the loss of a cow. We affirm.

Appellant was the owner of an Angus cow that was hit and killed by appellee’s vehicle on the evening of September 7, 1980, on Highway 85 in the O’Neill Pass area, near the Wyoming state line. The cow’s calf died soon after the accident. The cow had been grazing on Forest Service land pursuant to an agreement between appellant and another individual, the third-party defendant in this case, who had a grazing permit from the Forest Service. Fencing is not permitted along…