CASE LAW - Wiebe v Schmidt

BC Courts Coat of ArmsJan Wiebe was driving along Downes Road in Abbotsford when he was suddenly confronted by cattle on the roadway. It was a dark and rainy night that did not allow Mr. Wiebe to see the cattle in time to avoid colliding with them. He took small claims court action against the owner of the cattle, Paul Schmidt, because he had failed to keep his cattle penned up.

Mr. Schmidt maintains wire fencing to contain his cattle and in this instance had found a tree branch that had fallen on the fence causing the wire to sag and allowing the cattle to escape. Because he takes reasonable care to contain his livestock, the Livestock Act exempts him from liability for damage should they escape.

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