Farmer to pay £100k over teacher killed when cow tossed her over gate
Farmer must pay more than £100,000 after primary school teacher, 61, was killed when cow went into ‘fight mode’ and tossed her over gate in front of her husband, daughter and grandchildren
- Marian Clode was on a walk with family when the cow charged at her, court told
A farm business must pay more than £100,000 after an escaped cow killed a popular primary school teacher who was on a walk with her family.
Marian Clode, 61, was on an Easter break in Northumberland in 2016 when she was tossed over a gate by the cow which had repeatedly charged at her, Newcastle Crown Court heard.
A judge told how cattle approached Mrs Clode, her husband, daughter, son-in-law and two grandchildren ‘at speed’.
Fit and active Mrs Clode suffered severe spinal injuries after the distressing attack and died three days later in hospital.
At a hearing on Wednesday, JM Nixon and Sons, which runs Swinhoe Farm, Belford, admitted failing to ensure the safety of persons, other than employees, by exposing them to risks to their safety from the movement of cattle.
Judge Tim Gittins passed sentence on Friday, fining the firm £72,500 and ordering it to also pay £34,700 costs, plus a victim surcharge of several hundred pounds.
Marian Clode, a primary school teacher, was killed by a cow while out walking with her family during an Easter holiday
Farmer Alistair Nixon arriving at Newcastle Crown Court for a hearing on Wednesday
Farmer Nixon was moving his herd when a group of about 15 cows escaped
Tom Gent, for the farm business, said assets would have to be sold to make the payment and the judge granted the firm 12 months to pay.
The judge described what went wrong as a ‘salutary lesson’ for herdsmen of the necessity to plan and then review that plan when moving livestock ‘however usually docile’ they may be.
Farmer Alastair Nixon was moving his herd of beef cattle from winter quarters to summer grazing when a group of about 15 cows and calves escaped containment and made off along a public bridleway, over the brow of a hill and out of sight.
Mr Nixon, who had earlier checked the path was clear on his quad bike, did not immediately follow them, thinking they would stop to graze or would come back for their calves.
Heading in the opposite direction was Mrs Clode, her husband, daughter, son-in-law and two grandchildren, and the cattle approached them ‘at speed’, the judge said.
The family were staying in holiday accommodation on the farm and had been walking to a local landmark, St Cuthbert’s Cave, with Mrs Clode at the front of the group
He added: ‘Mrs Clode was simply not in a position to take any evasive action when one of the cows turned on her and repeatedly attacked her in the distressing way described by those witnessing it.
‘Others had to take what emergency steps they could, children being lifted at speed over fences, others catching themselves on the barbed wire as they sought shelter from the stampeding cattle.’
The family were staying in holiday accommodation on the farm and had been walking to a local landmark, St Cuthbert’s Cave, with Mrs Clode at the front of the group.
Mrs Clode was born in Londonderry and lived in Ashton-under-Lyne, Greater Manchester.
The farm had been in the Nixon family since 1939, the judge said, and there had been no previous safety concerns.
The business has now changed its cattle movement practices and there have been no incidents since Mrs Clode’s death, the court heard.
Source: Read Full Article