Quimbee logo
DMCA.com Protection Status

Read v. Buckner

514 F. Supp. 281 (1981)

Case BriefRelatedOptions
From our private database of 33,600+ case briefs...

Read v. Buckner

United States District Court for the District of Montana

514 F. Supp. 281 (1981)

Facts

Harold Read (plaintiff) claimed he was injured while riding his motorcycle because goats belonging to Wiley Buckner (defendant) were on the highway where he was riding. Read sued Buckner for violating Montana Code Annotated (MCA) § 81-4-201 and negligence. Read claimed Buckner violated the open-range statute that made it unlawful for any person in control of swine, sheep, or goats to willfully permit them to run at large. Damages were claimed under MCA § 81-4-202(1). Buckner argued that MCA §§ 81-4-201 and 202 were originally enacted in 1895 to protect landowners’ property, and because automobiles were not common in that period, that the statutes could not have been enacted to protect motorists. Buckner argued that a statute enacted to protect one class of people did not afford relief to a class that the legislature did not intend to protect. Buckner filed a motion for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 602,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 602,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 602,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership