Gilliland v. Steinhoefel, No. 4303

CourtUnited States State Supreme Court of Wyoming
Writing for the CourtPARKER
Citation521 P.2d 1350
PartiesOlin L. GILLILAND, Appellant (Plaintiff below), v. Robert A. STEINHOEFEL, Appellee (Defendant below).
Docket NumberNo. 4303
Decision Date15 May 1974

Page 1350

521 P.2d 1350
Olin L. GILLILAND, Appellant (Plaintiff below),
v.
Robert A. STEINHOEFEL, Appellee (Defendant below).
No. 4303.
Supreme Court of Wyoming.
May 15, 1974.

Rex O. Arney and Redle, Yonkee & Arney, Sheridan, for appellant.

Robert R. Rose, Jr., Casper, for appellee.

Before PARKER, C. J., and McEWAN, GUTHRIE, McINTYRE and McCLINTOCK, JJ.

Mr. Chief Justice PARKER delivered the opinion of the court.

Plaintiff, Olin L. Gilliland, sued Robert A. Steinhoefel for $200,000 because of injuries and property damage plaintiff suffered while he was driving on a public highway at night and struck a cow belonging to defendant, whose negligence, according to the complaint, caused or contributed to the accident in that defendant allowed his cattle to go on a heavily traveled highway. From a summary judgment for defendant, plaintiff has appealed.

The following facts are undisputed. Steinhoefel and another rancher, not a party to the suit, on December 28, 1970, moved some one hundred cows and their calves from a pasture near Roset along Highway 14-16, intending to take them to defendant's home ranch in the direction of Gillette. The snow in the borrow pit was

Page 1351

deep and travel was slow. Between 4:30 and 5 p. m. they left the cattle in a pasture of a rancher, Pickrel, whose land adjoined defendant's, fed them some alfalfa pellets, repaired the gate through which they had placed the cattle in the pasture but made no careful inspection of the fences or other gates and left for their homes. Between 7 and 8 p. m., a highway patrolman, Clifton Ritchie, was summoned to the highway adjacent to the Pickrel pasture where the accident had occurred. He determined that Gilliland had struck a cow on the highway, in his lane of traffic at the place of impact, and had then swerved and struck two pickups parked on the left side of the highway. 1

Plaintiff's appeal is principally grounded on the thesis that summary judgment was improper because there was a genuine issue as to material facts relating to the negligence of defendant, who left the cattle without checking the fences, particularly concerning a gate ('H') in the pasture where the cattle were placed by defendant, certain evidence indicating it to have been open at 4:10 p. m. and that following the accident the investigating patrolman saw cattle tracks coming out of the gate onto the highway. In his argument plaintiff refers to the case of Hinkle v. Siltamaki, Wyo., 361 P.2d 37, which...

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19 practice notes
  • Connett v. Fremont County School Dist. No. 6, Fremont County, No. 4892
    • United States
    • United States State Supreme Court of Wyoming
    • 11 Julio 1978
    ...fact. Mealey v. City of Laramie, Wyo., 472 P.2d 787, 792; Kover v. Hufsmith, Wyo., 496 P.2d 908, 910, and Gilliland v. Steinhoefel, Wyo., 521 P.2d 1350, 1352. When there are genuine issues of material fact, the summary judgment should not be granted. Knudson v. Hilzer, supra, and Johnson v.......
  • Johnson v. Soulis, No. 4458
    • United States
    • United States State Supreme Court of Wyoming
    • 21 Noviembre 1975
    ...56 (1963). Where there are genuine issues of material fact the summary judgment should not be granted. Gilliland v. Steinhoefel, Wyo., 521 P.2d 1350 (1974); Kover v. Hufsmith, Wyo., 496 P.2d 908 (1972); McClure v. Watson, Wyo., 490 P.2d 1059 (1971); Low v. Sanger, Wyo., 478 P.2d 60 (1970); ......
  • Timmons v. Reed, No. 4681
    • United States
    • United States State Supreme Court of Wyoming
    • 13 Septiembre 1977
    ...fact. Mealey v. City of Laramie, Wyo., 472 P.2d 787, 792; Kover v. Hufsmith, Wyo., 496 P.2d 908, 910, and Gilliland v. Steinhoefel, Wyo., 521 P.2d 1350, 1352. When there are genuine issues of material fact, the summary judgment should not be granted. Knudson v. Hilzer, supra, and Johnson v.......
  • Dubus v. Dresser Industries, No. 5648
    • United States
    • United States State Supreme Court of Wyoming
    • 4 Agosto 1982
    ...we are reminded that negligence claims do not lend themselves readily to summary adjudication. See: Gilliland v. Steinhoefel, Wyo., 521 P.2d 1350, 1352 (1974); Forbes Company v. MacNeel, Wyo., 382 P.2d 56, 57 Given these guidelines, it became incumbent upon the movants, Dresser, Johnson, an......
  • Request a trial to view additional results
19 cases
  • Connett v. Fremont County School Dist. No. 6, Fremont County, No. 4892
    • United States
    • United States State Supreme Court of Wyoming
    • 11 Julio 1978
    ...fact. Mealey v. City of Laramie, Wyo., 472 P.2d 787, 792; Kover v. Hufsmith, Wyo., 496 P.2d 908, 910, and Gilliland v. Steinhoefel, Wyo., 521 P.2d 1350, 1352. When there are genuine issues of material fact, the summary judgment should not be granted. Knudson v. Hilzer, supra, and Johnson v.......
  • Johnson v. Soulis, No. 4458
    • United States
    • United States State Supreme Court of Wyoming
    • 21 Noviembre 1975
    ...56 (1963). Where there are genuine issues of material fact the summary judgment should not be granted. Gilliland v. Steinhoefel, Wyo., 521 P.2d 1350 (1974); Kover v. Hufsmith, Wyo., 496 P.2d 908 (1972); McClure v. Watson, Wyo., 490 P.2d 1059 (1971); Low v. Sanger, Wyo., 478 P.2d 60 (1970); ......
  • Timmons v. Reed, No. 4681
    • United States
    • United States State Supreme Court of Wyoming
    • 13 Septiembre 1977
    ...fact. Mealey v. City of Laramie, Wyo., 472 P.2d 787, 792; Kover v. Hufsmith, Wyo., 496 P.2d 908, 910, and Gilliland v. Steinhoefel, Wyo., 521 P.2d 1350, 1352. When there are genuine issues of material fact, the summary judgment should not be granted. Knudson v. Hilzer, supra, and Johnson v.......
  • Dubus v. Dresser Industries, No. 5648
    • United States
    • United States State Supreme Court of Wyoming
    • 4 Agosto 1982
    ...we are reminded that negligence claims do not lend themselves readily to summary adjudication. See: Gilliland v. Steinhoefel, Wyo., 521 P.2d 1350, 1352 (1974); Forbes Company v. MacNeel, Wyo., 382 P.2d 56, 57 Given these guidelines, it became incumbent upon the movants, Dresser, Johnson, an......
  • Request a trial to view additional results

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