Joseph Lee
answered a question
Livestock negligence
Dear Sir/Madam
In New South Wales, unlike Queensland, there are cases where the owner of property adjoining a highway was found to be negligent in permitting an animal to stray from its property onto the highway. Gregory’s (Properties) Pty Ltd v Muir (1993) 17 MVR 86, Brown v Toohey (1994) 35 NSWLR 417.
This, however, still does not mean that the owner of cow will be found to be negligent. You must prove that the owner breached his or her duty of care (i.e. the owner did not do everything that he/she could prevent the cow from straying on road).