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Couple lose their £20,000 compensation bid after claiming their neighbour’s bull impregnated cow

Elderly couple lose their £20,000 compensation bid after claiming their neighbour’s amorous bull repeatedly broke through a fence and impregnated their pedigree cow

  • Bernard Allen and wife Kathleen alleged a Belted Galloway bull was on their land
  • They say it was found ‘about 30 times’ among their livestock on Isle of Lewis
  • Alleged incidents happened between 2009 and 2010 until a fence was put up

An elderly couple have lost their £20,000 compensation bid after claiming their neighbours’ amorous bull repeatedly broke through a fence and impregnated their pedigree cow. 

Bernard Allen, 80, and his wife Kathleen, 72, of Great Bernera, Isle of Lewis, alleged Ozzie, a Belted Galloway bull, was repeatedly found on land where they kept their livestock.

They claimed the incidents compromised the status of their herd.

The Allens had sought compensation from David and Janine Hargreaves and alleged they were at fault for the poor state of a boundary fence.

Bernard Allen, 80, and his wife Kathleen, 72, of Great Bernera, Isle of Lewis, alleged Ozzie, a Belted Galloway bull, was repeatedly found on land where they kept their livestock (stock image of highland cattle)

They alleged the bull was found ‘about 30 times’ among their livestock on Great Bernera and their pure breed Highland cow then gave birth to a Belted Galloway calf.

It was claimed the incidents happened between 2009 and 2010 until a two-metre high fence was put up.

There was also an alleged incident where the bull ‘clashed’ with a bull the Allens had hired.

The Hargreaves, who later moved to Ardgay, Sutherland, denied the claims and insisted their ex-neighbours should have ensured the fence was stock-proof.

A civil action was launched by the Hargreaves at Stornoway Sheriff Court in Lewis where details of the case were heard.

But Sheriff David Sutherland has dismissed the bid as a ‘neighbour dispute’ and refused to grant damages.

He said while he was in no doubt Mrs Allen was ‘extremely distressed’ by the case he found her evidence ‘exaggerated and unreliable’.

Sheriff Sutherland drew on a previous ruling by the Scottish Land Court which suggested the Allens were responsible for a disputed boundary fence.

Stock image of a Belted Galloway bull. The couple allleged one of the breed could regularly be found in their herd

Stock image of a Belted Galloway bull. The couple allleged one of the breed could regularly be found in their herd

The sheriff said: ‘I accept the evidence of Mr and Mrs Hargreaves that while their cattle did go onto the crofts belonging to the pursuers, nonetheless that was only because of the state of repair of the fence which Mr Allen was responsible for.’

He added: ‘For these reasons I do not consider that the pursuers have proved their case. As I said at the beginning, this is more of a neighbour dispute rather than anything else and it is unfortunate that we have reached this stage.

‘While this action has been raised on the basis of damage inflicted by a bull of the defenders with resultant losses, it became clear during the course of the case that it was a neighbour dispute as opposed to anything else.

‘I cannot but make comment of how unfortunate this case has been given the fact that the first named pursuer suffers serious health problems which prevented him from ever giving evidence at the court.

‘The second named pursuer also suffers disability, explaining that she could not walk more than 20 yards without becoming breathless and having to rest.’

He concluded: ‘I accept the evidence of Mr and Mrs Hargreaves that while their cattle did go onto the crofts belonging to the pursuers, nonetheless that was only because of the state of repair of the fence which Mr Allen was responsible for.’

Read more at DailyMail.co.uk


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