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Homework answers / question archive / Week 6 - Koger v Ferrin Discussion - Week 6 Group 3 From AGRICULTURAL LAW (AEC_388_400_F2020) If you have signed up to do this case brief for homework, please start out the thread: Give us the key facts, issue, rule, holding, and even briefer reasoning from your brief to start the discussion
From AGRICULTURAL LAW (AEC_388_400_F2020)
If you have signed up to do this case brief for homework, please start out the thread: Give us the key facts, issue, rule, holding, and even briefer reasoning from your brief to start the discussion.
DO NOT simply copy or attach your brief. Condense the brief into its essentials to teach your classmates.
If another classmate has already posted, feel free to respond with alternative understanding of the case and try to work it out. That’s the BEST learning! I will chime in with clarification if necessary.
Ranchers had a fire on their property that had spread onto the next-door property. Land owners sued ranchers on the grounds of strict liability and negligence for the loss caused by the fire. Am employee of the ranch saw the smoke rise from a patch of grass. the employee drove over to the area and put out the flames. He stayed there for 15 minutes to make sure there was no smoke left. He continued his work and then left claiming to have checked again for more smoke not seeing any. Later that day, a neighbor said that they had seen smoke coming from the pastures of the ranchers. The rancher's owner glanced out the door and saw smoke in the pasture. He called the Fire Department and it was out of reach by the time the owner and the fire department got to the fire. The neighbors' land had been burned. They burned nearly 30,000 acres. It was the drought that caused the magnitude of the burn.
The issue here is whether the ranchers be held responsible under strict liability for abnormally dangerous activities since the fire was during the drought season. The court stated that the ranchers are not responsible for the fire on the property owners land under strict liability for abnormally dangerous activities. The Court ruled in favor of the defendant because, while the defendant's employee acted in negligence, the fire was not caused by his negligence.
