Poor Fences II

Well, the results are in for my article of May 3 on Poor Fences. For those who missed it, I asked whether I should call the sheriff’s office on my neighbor when his cows get out. But before I give you the answer to my question, please allow me to explain some things I have read and learned along the way. This was not an easy question to answer.

One reader, Mr. Collins, sent me a number of articles to read, of which I had already read two. I did learn from the article Texas-Stock-Laws-By-County, that Fayette County adopted a law in November of 1936 that made Fayette County a “fence in” county for more than just cattle. You can read the articles below for yourself. I really appreciate Mr. Collins’ contribution.

https://agrilife.org/texasaglaw/2014/05/19/texas-fence-lawopen- range-or-not-part-1/ https://agrilife.org/texasaglaw/2014/05/25/texas-fence-lawopen- range-or-not-part-2/ https://agrilife.org/texasaglaw/2022/06/20/second-editionfive- strands-a-landowners-guide-to-fence-law-in-texas/ https://www.google.com/url?sa=t&source=web&rct=j &opi=89978449&url=https://www.mwl-law.com/wp-content/ uploads/2020/01/TEXAS-STOCK-LAWS-BY-COUNTY. pdf&ved=2ahUKEwienJDnkvWFAxU4J0QIHQFQABMQFno ECCAQAQ&usg=AOvVaw1HTrk39A6ijU8Qfk7j2Af9 https://wphk-law.com/fence-law-texas/

It seems that most of the laws (and once again, I am not a lawyer) revolves around whether the rancher is responsible. “Does the owner ‘knowingly permit’ animals to run at large?” This is the key to whether the owner of the livestock is liable for damages. If he/she knowingly allows animals to run at large, I don’t think a judge or jury would have any trouble finding the owner liable for damages. The key word here is knowingly.

Animals being animals, will occasionally get out, no matter how well a fence is constructed. But no responsible person would knowingly allow animals to escape his or her care. A responsible person would be concerned that their animal could be hit by a vehicle, injuring or killing a person, damaging the vehicle, and injuring or killing the animal.

Another point of the laws pertaining to State and Federal highways is whether the owner inspected the fence prior to an accident occurring. It doesn’t give a timeline for the inspection, but in most parts of Fayette County, inspection prior to allowing an animal in a pasture next to a public road might include an inspection that day.

One reader emailed me that a neighbor boy frequently speeds along the road and runs deer into his fence. The deer damage the fence and his cattle get out. He is in a wheelchair and has a difficult time fixing the fence. Would it be his fault if the kid was hurt by one of his animals on the road or was it the kid’s fault? Hopefully a jury will never have to decide that question. I don’t know if there is a posted speed limit along the road.

Many of the readers that responded were concerned about my neighbor’s financial status and his mental condition. I can’t speak medically to his mental condition, but he seems as normal as my other neighbors. I wouldn’t want to rattle a mentally ill person as they may shoot first and justify it later.

As far as his financial status is concerned, I can’t say. I do see him moving animals frequently. I don’t know if he owns them or leases his land, but there are at least a couple of hundred on his land. I once counted more than 50 out of the pastures at one time. I figure anyone with that many cattle can afford to fix the fence properly. But I could be wrong. He seems to have help to fix fence if needed. I believe he has a healthy son.

I have chased his cattle back into his pasture on several occasions. I have called him to let him know that cattle were out when I couldn’t afford the time to chase them back in. I have helped other motorist avoid hitting the animals. I have done everything except repair his fence for him. And still, the cattle escape.

I was pretty much ready to call the sheriff on my neighbor’s cattle the next time I saw them out based on the reader’s survey. But then I read the article “That Little Voice” by Margo Johnson. I enjoy reading her weekly articles. It didn’t completely convince me not to call the dogs out, but it did persuade me to give my neighbor another chance. I hope he reads this paper, so he will know that I am not angry or trying to get even for the time I have spent moving his cattle. I am just very concerned about my other neighbors’ welfare and the health of his cattle.

I have never had to put down a cow that had been hit by a vehicle, but I have put down other animals injured in accidents. It was not their fault in most cases. Drivers typically drive too fast on country roads, even with posted speed limits. Wildlife cannot be kept in and dogs chase cars. Puppies, kittens and small animals cannot be held accountable. Really, neither can a cow.

The next time, I will call my neighbor and tell him that his cattle are out. If he pays for materials, I will offer to help him fix his fence. And I will tell him that the next time I will call the sheriff. He needs to be put on notice that this is unacceptable. And if he has anything to say about it, I will put these last two articles in his mailbox and hope he reads them.

David E. Will is a local rancher and consultant. He can be reached at (830) 6299876 or by email at dwill207@satx.rr.com.