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Author Topic: cumbrian court case - anyone got the details  (Read 1825 times)

sellickbhoy

  • Joined Jan 2009
  • Muiravonside, near Linlithgow
cumbrian court case - anyone got the details
« on: December 16, 2009, 12:30:46 pm »
I remember a case a few months/year back in Cumbria.

a woman was left brain damaged after being attacked by a cow whilst walking across a farmers field on a public right of way with her dog.

she was taking the farmer to court for failing to either control the animal or provide sufficient warning of the animal in the field.

it was a pretty sorry situation with opinions divided - i.e. townie letting their dog off in a field with a cow with calves, trying to rescue her dog instead of simply getting out of the field and letting the dog look after itself v's the right of way across farm land v's farmers needing to put up signs to educate people crossing their land (instead of them learning about the country code and what to do when encountering animals)

Anyway, the judgement was deferred and i've never been able to find out what the outcome was and i can't remember any more detials about the case

anyone know what it is/was/any more info?


doganjo

  • Joined Aug 2012
  • Clackmannanshire
  • Qui? Moi?
    • ABERDON GUNDOGS for work and show
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Re: cumbrian court case - anyone got the details
« Reply #1 on: December 16, 2009, 11:53:13 pm »
I don't know about this particular case, but there was an incident when a woman took her dogs along a recognised public footpath along the edge of a field beside a river and the dogs and she were charged by a herd.  She died, and I have a feeling the dogs did too.  But what the legal implications were I have no idea.  Any particular reason for asking?
Always have been, always will be, a WYSIWYG - black is black, white is white - no grey in my life! But I'm mellowing in my old age

sellickbhoy

  • Joined Jan 2009
  • Muiravonside, near Linlithgow
Re: cumbrian court case - anyone got the details
« Reply #2 on: December 17, 2009, 11:20:27 am »
i just wanted to know what the judgement was

it would have had serious repurcussions on the farming industry and how they managed fields with rights of way through them - or even if the public could have a right of way through a farmers field with cattle in it.




doganjo

  • Joined Aug 2012
  • Clackmannanshire
  • Qui? Moi?
    • ABERDON GUNDOGS for work and show
    • Facebook
Re: cumbrian court case - anyone got the details
« Reply #3 on: December 17, 2009, 12:32:56 pm »
My croft in Aberdeenshire has a right of way through the bottom field to the next farm - we never used it but it was useful when Davy was doing any farming jobs for us, so long as he shut the gate after him - many times the dogs went to visit his Mum. ;) ;D ;D

There is another right of way up the lane and through a wooded avenue but my ex neighbour and very good friend is saying she is going to try to restrict access - I don't think she is legally allowed to do that, and have told her that.  Doesn't affect me now but the people who bought my house aren't pleased, as they like to walk their horses through there to the farm track at the top.  I have a feeling it may even be a bridle path.  Some people get really funny (odd not amusing)when they begin to own land.
Always have been, always will be, a WYSIWYG - black is black, white is white - no grey in my life! But I'm mellowing in my old age

Sylvia

  • Joined Aug 2009
Re: cumbrian court case - anyone got the details
« Reply #4 on: December 17, 2009, 02:52:08 pm »
If you buy land with public access across it you you must be prepared for people to use it. I think if that were my land I may fence off a path for walkers/riders, after all they only have access across the land not use of the land to let dogs run where they will!

 

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