What to do in these situations

   / What to do in these situations #21  
</font><font color="blue" class="small">( then I would be attributing intelligence to a cow and well that just doesn't seem right either )</font>

I have seen many times, my cows seemed to know to take cover when a storm was brewing, long before I knew it.

Of course, I may just be extra unintelligent. /forums/images/graemlins/grin.gif
 
   / What to do in these situations #22  
I don't know if it still happens but back in the day Montana was open range and no speed limit. Came over a hill doing about 70 to see a BIG flock of sheep being herded down the road. Managed to get slowed down then came the fun. The sheep were going in the same direction I was. No help from the herders, just creep up, work past a few sheep and continue. Took a looooonnnngg time to get through them.

I wish I had a picture of this. 2 years ago one of our deputies was on a code run in the middle of the night. Black bull on the road. He caught the bull with his right front fender and flipped it. Took out the entire right side of the squad but the humous part was the bs. The car (including the passenger seat) was brown from the headlight to the tail light. Deputy uninjured.

Harry K
 
   / What to do in these situations #23  
Concerning the horses. Yes, horses lay down, they just don't have to. On a cool sunny day, my two love to lay out and catch some rays (no I'm not kidding). Some horse lay down a lot and some don't.

The basic rule of thumb is if all four legs are down, the horse is fine, If the two top legs are sticking out or up (except while rolling, another favorite activity), the horse is dead and doesn't need your help.
 
   / What to do in these situations #24  
</font><font color="blue" class="small">( Well around here you would get a completly different answer than all the back east guys are giving you. See the attached pic it means what it says the animals have the right of way. The road I live on goes thru several large ranches 8000 + acres there are no fences. If you called the sheriff they would probably ask you if you knew how to drive and tell you to drive around them. )</font>
]-------[
I never did understand the western states open range & unlimited speed limits.
Looks like a disaster waiting to happen to me.

skinderflirt
 
   / What to do in these situations #25  
</font><font color="blue" class="small">( I don't know if it still happens but back in the day Montana was open range and no speed limit.
Harry K )</font>
============
<font color="purple"> A disaster just waiting to happen

skinderflirt </font>
 
   / What to do in these situations #26  
</font><font color="blue" class="small">( Looks like a disaster waiting to happen to me. )</font>

Perhaps, but maybe not as risky as some would think. It wasn't simply a case of "no speed limit" at all because the law required that you drive in a "reasonable and prudent" manner. Below is a quote taken from the State's website. So officers certainly could (and did) issue speeding citations, if in their judgement, the speed was unreasonable and imprudent. I would think any speed in excess of that speed at which you could stop within the distance you could see would be unreasonable and imprudent. So a cow in the road shouldn't be any great hazard if you can see it in time to stop before you hit it.

Theoretically at least, though I wouldn't recommend testing the theory, you can get away with exceeding the posted limits in Texas. That's because our law, too, prohibits speed in excess of that which is "reasonable and prudent". Now any speed in excess of the posted speed limit is "prima facie" evidence that such speed is unreasonable and imprudent. In other words, the burden of evidence shifts at that point, but if you could convince a judge and/or jury (or prove) that your speed, in excess of the posted limit, was reasonable and prudent under the existing conditions, you would be not guilty.

DISCLAIMER: I have not checked the case law to see whether, or how frequently, that has worked with the Highway Patrol, but many years ago, I've had defendants attempt that defense on speeding citations that I had issued. In those cases, I had to testify as to "existing conditions". And in the city, with the amount of traffic, number of intersections, driveways, businesses that were open, etc., I don't recall anyone ever winning with it. /forums/images/graemlins/tongue.gif

</font><font color="blue" class="small">( Drivers must be aware of:

the amount and type of traffic sharing the highway with them. The traffic may be heavy or light and may include trucks, cars, motor homes, farm equipment, motorcycles and bicycles.
changing weather conditions—fog, snow, water and ice, for example—that affect visibility and road conditions.
the type of vehicle being driven, particularly the condition of the brakes and the weight of the vehicle, which affects braking ability.
the character of the highway the driver is traveling. Drivers should adjust their speed for hills or for winding and narrow roads.
the presence of intersections, railway grade crossings or pedestrians. )</font>
 
   / What to do in these situations #27  
</font><font color="blue" class="small">( <font color="blue"> the cows have no brands on them then you could just go get a trailer and .... </font> )</font>

The law must be different in Florida, in Texas you could end up getting your a** shot off for that. Likewise for knocking on somebody's door at 4 o'clock in the morning. Things can get pretty basic in a hurry.

Call the cops and they will either move the cattle or call the farmer responsible. The farmers will love you for it because, around here, they are responsible for damages if somebody hits one of their cows on the road and as someone else said, they can make a mess of a car.
 
   / What to do in these situations #28  
</font><font color="blue" class="small">( I never did understand the western states open range & unlimited speed limits.
Looks like a disaster waiting to happen to me.)</font>

The entire Four Corners area (NM, CO, AZ, UT) is a Navajo Reservation and is open range.

I stopped at the post office in Chinle, AZ one day and there was a cow grazing in the bar ditch out front of the post office.

I was there to see the beautiful scenery so I just slowed down and enjoyed it. My wife expecially liked the herds of sheep where there was one dog who was watching over them, no humans around.

One time we were at Canyon de Chelly, AZ. There is a house in the bottom of the canyon and there was a herd of sheep about 200 yards behind the house. 2 dogs were in the front yard. About 4:30 the 2 dogs got up and went back and herded the sheep into a pen near the house. We watched all this from the rim of the canyon, about 800 feet above.

Personally, I like the open range.

Bill Tolle
 
   / What to do in these situations #29  
Bird, there are a lot of Texas users on TBN. Would you care to address the unique situation of responsibility regarding your vehicle hitting cattle on an "ordinary" roadway vs. on a "FM" or "FR" road? Even the non-Texans may find this educational.
 
   / What to do in these situations #30  
</font><font color="blue" class="small">( Would you care to address the unique situation of responsibility regarding your vehicle hitting cattle on an "ordinary" roadway vs. on a "FM" or "FR" road? )</font>

Nope, not me. /forums/images/graemlins/wink.gif /forums/images/graemlins/laugh.gif It's far too complicated for me, and probably even for most attorneys. There's even such a thing as "local option" elections that can be held to determine what animals may or may not be allowed to roam free in a county or part of a county. /forums/images/graemlins/tongue.gif
 

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