The case has been ongoing since 2017, when three cows and three calves ran away from the grazing area in Vestskogen in Holmestrand. The animals entered an area managed by Buskerud prefabplen AS in Drammen. The result was trampling damage all over the area. The company had to plow up the land. According to their lawyer, the company must have suffered a loss of NOK 1.6 million. Denied guilt The farmer believed he had no obligation to pay compensation and was acquitted in the land transfer court. However, in the Borgarting Court of Appeal, he was sentenced to pay compensation of NOK 800,000. The case went on to the Supreme Court, where the judgment was overturned. Then farmer Per Øivin Sola breathed a sigh of relief. – I am very relieved. I think this means a lot for the grazing industry in Norway, Sola told news in October 2022. FARMER: Per Øivin Sola is a farmer in Holmestrand. Photo: Privat But the matter was not over. Now the case ended up back in the Borgarting Court of Appeal, which now, by a so-called overestimate, decides that the farmer must pay Buskerud Ferdigplen compensation of NOK 1,120,000. The majority in the Court of Appeal believes that the farmer is responsible and that he had insurance that covers the damage. The minority believes Buskerud Ferdigplen could have put up an electric fence to keep grazing animals away. For the farmer, everything has been turned upside down again. He had expected a completely different result. – We are very surprised and disappointed. The case has now been referred to the Supreme Court, which has given quite clear feedback that mistakes were made in the Court of Appeal in the previous round. Big risk to have the animals outside. He is worried about the consequences of the sentence for everyone who has grazing animals. He emphasizes that they are required to keep the livestock outside. – It is a big risk to have the animals outside. Do we dare when the risk is so great, asks Sola. Sola still has cows. But he says that no matter how well you fence, there is a risk that the animals can get out. – It could be game that jumps down the fences. There may be walkers who do not close the gate. – We can never guarantee 100 percent that the animals will not go astray. A possible new appeal will now be considered. – Do you want another round? – I honestly thought that we would get a clarification now, but I feel that we cannot live with this verdict. – Hope this is the end General Manager Tore Horgen in Buskerud Ferdigplen hopes the case is finally coming to an end. – I am very relieved that it has finally gone our way. I have been working on this for five years, says Horgen to news. He says the case has hit the small business hard financially. – We ran a solid deficit in 2018 and 2019, and that affects further investments, he says. He says the company is a small family business that has been going for 20 years. FAMILY BUSINESS: Tore Horten, general manager at Buskerud Ferdigplen. Photo: Privat Surprised Lawyer Hilde Sannes Holløkken represents the farmer. She says they are surprised by the development. – We are naturally very disappointed by the decision, and will go through it thoroughly, and do not ignore the fact that a new appeal to the Supreme Court may be relevant. The lawyer says she expected a full acquittal after the Supreme Court determined that the Court of Appeal had erred. – However, the Court of Appeal has had a different composition this time, and we note that the court has divided, and that the minority was in favor of a significant reduction in liability. Now they must consider the next step. – There is a lot to deal with here, but it is of course a question of whether the animal owner is willing to continue the process. At the same time, it will be a shame for the grazing industry if this is to be the last word in the case, says the lawyer.
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Cows destroyed finished lawn – farmer sentenced to pay compensation – news Vestfold and Telemark – Local news, TV and radio
