Good neighbors and freedom?

Anonymous-0 · Nov 20, 2012

The 2nd calf walked the fence, circled, laid down, had what looked like convulsions, and died. This time the lab was able to run a multitude of tests. The answer? Lead poisoning. A neighbor had left some old batteries along our fenceline, and they were splitting open. We assume the calves were ingesting enough lead from them to die.

Do we have too many regulations or not enough?
Guess it depends on whose calf (or kid) dies.

Bob Huntress · Nov 20, 2012

Too many! All the regulations in the socialist world will never protect against everything. All these regulations do is seperate people from their freedoms. Okay, a cow died. Is that a good pretext to become communist Soviet Union? I think not. If there was an honest law violated prosecute, otherwise deal with some cows will die, but our overregulated society is not preventing some damage from happening.

John T · Nov 20, 2012

QUESTION: Do we have too many regulations or not enough?

Id say we have plenty of rules n regulations, HOWEVER many simply arent enforced. Id guess there are already rules n regulations a person has to dispose of lead or acid or other such hazardous materials in a certain approved manner. If so, perhaps local health officials or local Environmental officials have the authority to prevent unauthorized disposal and/or fine and punish those who do, not sure, I havent researched the laws or know who has enforcement authority, you might wanna look into that.........Also, if anothers actions were negligent and such was the proximate cause of injury to you, you have a civil tort action

As an Attorney I can tell you a neighbor has certain rights regarding use of his own land HOWEVER he is NOT permitted such use that harms or endanmgers his neighbor or his neighbors land WELL DUHHHHHHHHHHH

Take care

John T

gtractorfan · Nov 20, 2012

Was it lead or acid? Second question, why would anyone leave old batteries laying around when there's decent money in taking them in and having them recycled?

bob15 · Nov 20, 2012

We already have too many regulations.

If you knew there were leaky batteries along the fence line, why didn't you say something. Or move your fence line to avoid any issues.....

Larry NEIL · Nov 20, 2012

No matter how many regulations are enacted...you just can't fix STUPID! I'd definatly have a talk with the neighbor.
Larry NEIL

Mike M · Nov 20, 2012

Well now it looks like they owe you for a calf.
At $ 10.00 a battery for scrap cores do they have enough to cash in and pay for it ?

JayinNY · Nov 20, 2012

Pretty soon, we won't be able to save ourself from ourselves!

jimva · Nov 20, 2012

Take photos of the batteries, where there at. Have the lab write up an official report. Get the local sales barn to provide the last sale day report of what calves in where bringing.

Contact your neighbor, either him or his insurance will pay for the calf.

You can have all the regulations you want for whatever you want. But unless there is a gov agent visiting each and every persons property or following us all around every day to enforce said regulations are pretty much pointless. Remember "its not illegal until your caught" and you cant regulate stupidity.

danmcdonald · Nov 20, 2012

THANKS Well put!

Ferd · Nov 20, 2012

Get photos and gather all the evidence you can. Then visit your neighbor and ask if he"d rather talk to you or your lawyer and the E.P.A.

jimva · Nov 20, 2012

I agree with the first two parts of your statement. However I disagree with the "move your fence line to avoid any issues" Apease to please is not real smart.

Sure, Ill just go to the expense of moving a fenceline so my neighber has more room to set more crap closer to me (only now its on my property instead of his) is a real good idea.

bob15 · Nov 20, 2012

The moving of the fence line idea was a temp idea to prevent animals from going over there. Then deal with the neighbor. No different than covering open containers of anti-freeze to prevent animals or birds from ingesting it. Should it be in a sealed container, yes, but sometimes a container isn't always around (at least for me anyways).

bob

Wile E · Nov 20, 2012

I would talk to the neighbor and let him know that your calf likely died due to the batteries. He might compensate you for the calf, if not then he is a bum. There are too many regulations, and you cant regulate stupidity.

Bret4207 · Nov 20, 2012

We have all the regulations, rules, policies and laws we need. In 23 years of Law enforcement I never found the law to cover the majority of problems I dealt with. I needed one to cover cranial rectal inversions.

Sorry for your loss. I'd follow the pictures and law suit path if that's what you want.

Anonymous-0 · Nov 20, 2012

Can't have a lawsuit without a law.

Anonymous-0 · Nov 20, 2012

Weigh
up the costs.. Lawyer V Calf.

I would certainly talk to the Neighbour.

Brad Buchanan · Nov 20, 2012

You certainly can sue for the loss of the animal and probably the vet fees.

Seems like if you are on talkin' terms with the neighbor you could reach an agreement without the services of a lawyer or blooksucker, take your pick.

old · Nov 20, 2012

Yep now days most neighbors are not worth having. Not like it was back 40 years or more ago when you could count on a neighbor. Now days the only good neighbor seems to be dead one. Now days to many people think they can do no wrong even if they are so wrong they can not find right. Like one neighbor I have who uses a sink hole as a dump and other such stuff

pete black · Nov 20, 2012

TOO MANY!

jimva · Nov 20, 2012

Ohh yes you certainly can sue for the loss of the animals. Talk to your attorney.

I was leasing a farm that backed up to a subdivision, some jerk wad trimmed his yew bushes and dumped the clippings over the fence into the pasture. By the time i checked the cattle that evening there were 5 dead within 50 feet of the pile. Vet came, cut em open, yew leaves in the stomachs. Called the sheriff, he came out did a report, took pictures, etc. We talked to the guy, he pretty much said "go to He!!". Vet sent off for toxicology results. Lab results came back that the yew leaves were cause of death. Called my attorney, he sent a simple letter, got response from the guys attorney, my attorney followed up with a strongly worded 5 page letter, that contained the evidence photos, sheriffs report, letter from vet and the lab and cattle market prices. I recieved compensation never set foot in a court room.

Traditional Farmer · Nov 21, 2012

Is the fence on the line? If it is you proabably have a case although your calves did go onto his property to get the lead.Thats why I always set line fences back 1 ft off the clearly marked property line if the adjoining landowner touches my fence they're already trespassing and if they want to run livestock they have to put up their own fence.Also did you know the hazard was there before the calves were
poisoned?

Anonymous-0 · Nov 21, 2012

Read the letter your lawyer sent to the neighbor...it had to cite the law that made the neighbor responsible for your loss. Laws are written to protect one citizen from the malicious, stupid, thoughtless, negligent or criminal acts of others. Too bad so many people do not understand the basics of the law.

Laws are to protect you from others. On the flip side, that may restrict you in order to protect others from your
malicious, stupid, thoughtless, negligent or criminal acts . Too bad so many people only see laws as restrictions on them.

donjr · Nov 21, 2012

Had a neighbor who asked if he could put brush on my burn pile. They cut down an old cherry tree, and dumped it on the pile one day when the cows were in that pasture. Killed two calves. When I asked him about it, he said he didn't put anything on the pile other than some brush, and there was no poison that he knew of. Didn't offer to pay for the calves, either. Now, he has to take his brush 20 miles to the local dump....

BillinCentralMO · Nov 21, 2012

Putting the fence a foot off the line can cause certain problems. In my state there is a pretty good chace in about 10 years that fooot is now the neighbors property. Better to have two fences if you don't want your farm shrinking like wool in a hot dryer.

Good neighbors and freedom?

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