Read v. Buckner
United States District Court for the District of Montana
514 F. Supp. 281 (1981)
- Written by Ross Sewell, JD
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 Buckner argued that MCA §§ 81-4-201 and 202 were originally enacted in 1895 to protect landowners’ property, and because automobiles were not common in that period, that the statutes could not have been enacted to protect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…
Here's why 815,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 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.