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Sunday, April 21, 2024 | Back issues
Courthouse News Service Courthouse News Service

Insurer Isn’t Liable for Cattle Buried on Property

(CN) - Hartford Casualty Insurance Co. is not liable for the actions of a man who buried dead cattle in a shallow grave on a couple's property, the Arkansas Court of Appeals ruled.

William Cole was transporting Ronny Kisner's cattle in a tractor-trailer when he allegedly fell asleep at the wheel and wrecked. Several cattle were killed. After the accident, Johnny Smith took the surviving cattle to the stockyards on Louis and Elizabeth Schmoll's property, and buried the dead cattle in a shallow pit on their property.

Hartford was Kisner's insurance company.

Judge Pittman found that the Schmolls failed to provide evidence that the insurance company had control over Smith or directed him to bury the cattle on the plaintiffs' property.

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