Crof ters lose damages bid amid claims bull got their cow pregnant

Bernard Allen, 80, and his wife Kathleen, 72, alleged the Belted Galloway bull, named Ozzie, wandered more than 30 times onto their herd’s grazing land.

The couple said one of their herd became pregnant by Ozzie because neighbours David and Janine Hargreaves on Great Bernera, an island west of Lewis, failed to maintain a fence.

They claimed cross-breeding compromises the value of their herd and tried to sue Mr and Mrs Hargreaves for £20,000.

They had also kept the herd under a strict health scheme to raise their value, which demanded that the cows be kept separate from other animals. Mr and Mrs Hargreaves denied their bull fathered the calf and argued that it was the responsibility of the herd owners to ensure the fence between the animals was secure.

Stornoway Sheriff Court heard the incidents occurred between summer 2009 and September 2010, when a 6ft fence was erected. The court heard previously it was known locally as the ‘Jurassic Park fence’.

Papers lodged at the court said that in 2005 Mr and Mrs Allen set up a herd of pedigree Highland cattle on their two adjoining crofts, planning to breed and expand their numbers.

However, in a written judgment released yesterday, Sheriff David Sutherland said the lack of a regularly maintained fence between the two crofts meant that both the bull and the herd of cattle could stray into neighbouring areas.

The court previously heard that in an attempt to capture a premium price for their livestock, the Allens joined a cattle health scheme in which their animals were tested annually. One rule is that the cattle must never come in con

‘State of repair of the fence’

tact with animals that are not within the scheme.

However, despite repairs to the fence, a bull from the Hargreaves’ farm broke in.

Mr and Mrs Hargreaves, who owned three pedigree Belted Galloway heifers and a bull, have since moved to Ardgay, Sutherland.

Sheriff Sutherland said: ‘The impregnation was caused by Ozzie the bull, but where this took place has not been proven by the pursuers.

‘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.’

The sheriff decreed a ‘decree of absolvitor’ in favour of the Hargreaves, meaning the case failed to be proven and cannot be brought to court again.