Madrid v. Zenchiku Land and Livestock

¶1 Appellant Julio Madrid (Madrid) appeals an order of the Fifth Judicial District Court, Beaverhead County, granting summary judgment to Respondent Zenchiku Land and Livestock (Zenchiku). We reverse and remand for a determination of damages.

¶2 We address the following issue on appeal: Did the District Court err in holding that § 81-4-215, MCA, does not impose strict liability on owners of trespassing livestock?

I. FACTUAL AND PROCEDURAL BACKGROUND

¶3 In 1996, the Huntley Ranch (Huntley) employed Madrid as a ranch hand. On or about May 26, 1996, a bull owned by Zenchiku, an adjoining ranch, was…