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LONG v. DALY

No. 06-118.

156 P.3d 994 (2007)

2007 WY 69

Derek J. LONG, II, Appellant (Plaintiff), v. Craig DALY; Sue Daly; and BNSF Company, a Delaware corporation, Appellees (Defendants).

Supreme Court of Wyoming.

April 27, 2007.

Attorney(s) appearing for the Case

Representing Appellant: Frank J. Jones, Wheatland, Wyoming.

Representing Appellees Craig and Sue Daly: Patrick J. Murphy of Williams, Porter, Day & Neville, P.C., Casper, Wyoming.

Representing Appellee BNSF Co.: Paul Kapp and Kay Lynn Bestol of Sundahl, Powers, Kapp & Martin, LLC, Cheyenne, Wyoming. Argument by Ms. Bestol.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

KITE, Justice.

[¶ 1] Derek J. Long, II was injured when the vehicle he was driving struck a cow that was lying on the highway. He filed a complaint for negligence against Craig and Sue Daly, the owners of the cow and the property from which it escaped, and Burlington Northern Santa Fe Company (BNSF), the owner of the railroad track located between the Dalys' pasture and the highway. The district court granted summary judgment for both defendants. We affirm.<...

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