Texas Appellate Courts Analyze Fence Law Cases

Today, we will focus on an opinion from the San Antonio Court of Appeals in Garcia v. Pruski, a case involving a motorist colliding with a bull on the highway.Plaintiff, Mr. Garcia, was injured when his vehicle struck a bull on State Highway 123 in Wilson County.  Mr. Pruski (“Defendant”) owned property abutting the road that was enclosed by a six-strand barbed wire fence.  He also owned the bull that escaped, wandered onto the highway, and was hit by Plaintiff. Plaintiff sued Defendant claiming that he was negligent in permitting the bull to run at large.  The San Antonio Court of Appeals begins by explaining that in cases involving animals struck by motorists, there is no common law duty for landowners to control or restrict the movement of their livestock.  The only way such duty arises, then, is by statute.Analyzing the facts here, the court found that the Plaintiff did not offer sufficient evidence that Defendant knowingly permitted the bull to run at large.  Despite having cattle escape once before and failing to lock the gate, the court found that Defendant was not aware his bull would break the latch and enter the highway.