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Read v. Buckner
United States District Court for the District of Montana
514 F. Supp. 281 (1981)
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 Buckner argued that MCA §§ 81-4-201 and 202 were originally enacted in 1895 to protect landowners’ property, and because automobiles were not common in that period, that the statutes could not have been enacted to protect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
Holding and Reasoning (Smith, J.)
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