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Hortman v. Guy

The state's livestock law pre-empted a county ordinance which would have made the defendant liable for damage caused by a cow that strayed from her property regardless of whether she owned the cow.

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Glen, Sandra, and Judy Hortman sued Linda and Morgan Guy for personal injuries and property damage. The Hortmans alleged they were in a car that hit the Guys’ cow in the road. The trial court granted Linda Guy’s motion for summary judgment, and the Hortmans appeal. The Hortmans argue that a state statute defining livestock ownership does not preempt a county animal control ordinance that defines “owner” more broadly to include people who keep or harbor the animals. We disagree and affirm.

Linda Guy averred in her affidavit that she owned no cows on the date of the collision, although she allowed her ex-husband to keep and care for cows on her property. Morgan Guy confirmed in his affidavit that his ex-wife owned no cows, and that he did own some cows he kept on her property. The Hortmans produced no evidence that Linda Guy owned the cow in the road.

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