Fred Farmer and Frank Fuller, adjacent landowners in SD, allow hunters to hunt on their land . In exchange for the hunting, the party presents each farmer with a painting worth $75. Fred Farmer accepts the painting, but Frank Fuller refuses the painting. Frank was then given $20, which he accepted.
Frank's livestock escapes onto a nearby state highway where some are hit by a passing car. There were livestock crossing signs about 1/2 mile before this area. The motorist was driving about 80 mph. Frank was not aware that his livestock were on the road. This is the first time Frank’s livestock have escaped onto the state highway. The motorist sues Frank for the injury sustained as a result of this accident. Frank coutersues the motorist for the injury to the livestock. What will be the result?
There have been several robberies in Fred and Frank’s neighborhood. When Fred goes on a business trip, he leaves a loaded rifle attached to a trip wire in an outside shed used to store farm equipment. A burglar opens the door and is seriously injured.
Frank caught two hunters on his property looking for deer. Frank became very angry and ordered them off his property. He told them if he ever found them again, he would blow their heads off. The hunters left, but returned the next day. Frank spotted them, went and got his shotgun and began chasing the hunters and then physically threw them off his property. The hunters sued the farmer.
1) What is the duty owed by Fred to the party while hunting?
2) What is the duty owed by Frank to the party while hunting?
3) What will be the result in the lawsuit between the motorist and Frank?
4) Can the burglar sue Fred? If so, will he be successful?
5) What, if anything can the two hunters sue Frank for? Will the hunters be successful?