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Section 3-5-3(A), Ala. Code 1975, Liability For Livestock On Roadway: Brewer V. Atkinson

Brewer v. Atkinson, [Ms. 2161073, Mar. 9, 2018] __ So. 3d __ (Ala. Civ. App. 2018). In this deflection case (see § 12-2-7(6), Ala. Code 1975)), the Court of Civil Appeals unanimously affirms a summary judgment entered by the Mobile Circuit Court in favor of owners and keepers of a cow that had wandered onto a roadway causing damage to a pickup truck and injuries to its driver. The court construed § 3-5-3(a), Ala. Code 1975, as requiring "proof not only that the owner acted knowingly or wilfully, but also that he or she 'put or placed such stock upon such public highway.'" Ms. *18 (quoting § 3-5-3(a) and Carpenter v. McDonald, 495 So. 2d 640, 641 (Ala. 1986) (stating that "a livestock owner is not liable to the owner or occupant of a motor vehicle 'unless the owner knowingly or wilfully puts the livestock on the road'")); Chandler v. Waugh, 290 Ala. 70, 74, 274 So. 2d 46, 49 (1973) (stating that liability to the owner or occupant of a motor vehicle arises under § 3-5-3(a) "only where the owner or keeper knowingly or wilfully placed or put the livestock on the highway, road, or street"); and Carter v. Alman, 46 Ala. App. 633, 635, 247 So. 2d 676, 677 (1971) (liability under the predecessor statute arises only when the owner puts or places livestock on the roadway).

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