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PRUSKI v. GARCIA

No. 18-0953.

594 S.W.3d 322 (2020)

Shary PRUSKI, Petitioner, v. Joshua GARCIA, Respondent.

Supreme Court of Texas.

OPINION DELIVERED: January 31, 2020.

Attorney(s) appearing for the Case

Courtney Cox Smith , 4807 Spicewood Springs Road, Building 2, Suite 400, Austin TX 78759, James D. Bradbury , James D. Bradbury, PLLC, 201 Main St. Ste. 600, Fort Worth TX 76102-1103, for Amicus Curiae South Texans' Property Rights Association, Texas and Southwestern Cattle Raisers Association, Texas Farm Bureau.

Colin Harry O'Neill , Fulbright Winniford, P.C., Angus Earl McSwain , Daniel Nesbitt MacLemore, IV , Lauren Jaynes Olivarez , Beard Kultgen Brophy Bostwick & Dickson, PLLC, Waco, Don E. Weiss , Stevens & Weiss, P.C., San Antonio, for Petitioner.

Gregory H. Herrman , Herrman & Herrman PLLC, Justin Green , The Patel Firm PLLC, Corpus Christi, Marc A. Lahood , Lahood Law PLLC, Shannon K. Dunn , Law Office of Shannon Dunn, PLLC, Beth Watkins , Fourth Court of Appeals, San Antonio, for Respondent.

From the time of the Republic of Texas, the default rule in this state has been that livestock owners may allow their animals to run at large.1 Early on, Texas rejected altogether the English common-law duty to keep livestock confined. As this Court observed in 1893...

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