Two farmers, whose escapee cow caused a motorcycle accident on the R367 outside Sterkstroom, have been found liable for damages.
Despite having sound fences and two gates between the cow’s camp and the busy road, the Grahamstown high court has ruled that farming partners Edward Luppnow and Herbert Adams should have locked the gates or installed cattle grids to ensure cattle could not access the road.
According to court papers, Hendrik van der Merwe was heading to Queenstown at night on his motorbike with a pillion passenger on board when he hit the cow “amidships in the region of the stomach”.
It was standing in the middle of the R367 some three kilometres outside Sterkstroom.
Van der Merwe was travelling about 80km/h at the time. He left an 18m skid mark in his attempt to avoid hitting the cow.
The impact catapulted his passenger over his head, breaking his helmet in two on the way over.
Both he and his passenger were severely injured.
Van der Merwe sued Luppnow and Adams for R900000 in damages.
Judge Jeremy Pickering said that it had emerged during testimony by Luppnow – a veteran farmer of some 48 years – that the cow was kept in an “internal” camp separated from the road by another “transit” camp.
Neither gate was locked.
Luppnow testified he had no idea how the cow had got out.
She had, unusually, left behind her calf.
“He conceded that had the gates of the internal camps been locked it would not have been possible for the cow to access the road from the transit camp, either through the gates being left open or through somebody opening the gates and driving the animal through it.”
Pickering said a reasonable farmer should have foreseen the possibility of gates being left open and of cattle straying onto the road.
The farmers concerned should have taken the precaution of putting a chain and lock on all gates on the farm or, alternatively, building cattle grids.
Pickering found them liable for damages.
The damages amount will be argued separately.
The judgment may provide some relief and recourse to road users in the Eastern Cape, where stray animals have been identified as a major cause of accidents.
The provincial department of transport has embarked on various strategies to curtail stray animals on the road.
These include impounding them and trying to make the animals more visible. Transport MEC Weziwe Tikana recently introduced stray animal reflective belts in rural areas where fencing is poor or non-existent.
Farmers liable for stray cow accident
Despite having sound fences and two gates between the cow’s camp and the busy road, the Grahamstown high court has ruled that farming partners Edward Luppnow and Herbert Adams should have locked the gates or installed cattle grids to ensure cattle could not access the road.
According to court papers, Hendrik van der Merwe was heading to Queenstown at night on his motorbike with a pillion passenger on board when he hit the cow “amidships in the region of the stomach”.
It was standing in the middle of the R367 some three kilometres outside Sterkstroom.
Van der Merwe was travelling about 80km/h at the time. He left an 18m skid mark in his attempt to avoid hitting the cow.
The impact catapulted his passenger over his head, breaking his helmet in two on the way over.
Both he and his passenger were severely injured.
Van der Merwe sued Luppnow and Adams for R900000 in damages.
Judge Jeremy Pickering said that it had emerged during testimony by Luppnow – a veteran farmer of some 48 years – that the cow was kept in an “internal” camp separated from the road by another “transit” camp.
Neither gate was locked.
Luppnow testified he had no idea how the cow had got out.
She had, unusually, left behind her calf.
“He conceded that had the gates of the internal camps been locked it would not have been possible for the cow to access the road from the transit camp, either through the gates being left open or through somebody opening the gates and driving the animal through it.”
Pickering said a reasonable farmer should have foreseen the possibility of gates being left open and of cattle straying onto the road.
The farmers concerned should have taken the precaution of putting a chain and lock on all gates on the farm or, alternatively, building cattle grids.
Pickering found them liable for damages.
The damages amount will be argued separately.
The judgment may provide some relief and recourse to road users in the Eastern Cape, where stray animals have been identified as a major cause of accidents.
The provincial department of transport has embarked on various strategies to curtail stray animals on the road.
These include impounding them and trying to make the animals more visible. Transport MEC Weziwe Tikana recently introduced stray animal reflective belts in rural areas where fencing is poor or non-existent.
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