Posted 11/23/2012 15:26 (#2712670 - in reply to #2712171) Subject: Re: pics: What to do: Landlord cows in corn
jonas grumby - 11/22/2012 20:39 oh come on. The OP gets a phone call that says cows are in your corn and he is so concerned that he goes over there in 4 days. Please oh course the owner of the cows is responsible for the cows getting out in the first place but then the farmer has a responsibility to mitigate the damages. Turn the loss into the insurance company and I will bet that one of the first questions that gets asked is why didn't you go check on the corn for 4 days and then why did it take you so long to get it combined. Are you telling me that if you got a phone call that informed you that cows were in your cornfield you would wait 4 days to go have a look? The problem is that the tenent did in no way attempt to mitigate his damages. In a court of law the damaged party has a legal responsibility to limit his damage. The tenent did not do this.
I think you have lost your mind. What difference does it make if he checked the corn 6 days earlier???? Not a darn thing!!! It won't change the fact that the guy was grazing his flock on someone else's dime.
You think it is the farmers fault who just rents the ground to grow a crop and doesn't own it but the cattle owner does? The guy lets the cows out in the corn to feed!! How is he going to solve the problem? "Hey your cows are out in my corn!!!" The damn landlord called to say "hey I'm grazing my cattle in your corn". The OP's brother could of ran every one of them out but they would be back in an hour. The rancher guy only ran them out when he thought they might get run over but let them out right back in it. By looking at the pics they had been out their way longer than a few days. We had this same problem here where a guy was letting a bunch of cows out on purpose in our fields to graze. I know how much damage a group of grazing cows can do and by the looks of the pics those cows have been out their for a long time and the landlord called when he thought that maybe it would be about time that the renter would come to harvest it.
I would contact a lawyer ASAP and know what the laws are about it. You have undeniable proof that his cattle wrecked the field and by the looks they had been out their for a few weeks at least.